Ram Awadhesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7868 of 2025 Arising Out of PS. Case No.-139 Year-2024 Thana- GUTHANI District- Siwan ====================================================== Ram Awadhesh Manjhi S/o Late Vishwanath Manjhi Resident of Village - Khadauli, P.S. - Guthani, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP For the Informant :

Mr. Ashok Kumar, Adv.

Mr. Niraj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Guthani P.S. Case No. 139 of 2025 dated 07.06.2024 registered for the offence punishable under Sections 341, 323, 307, 302, 504/34 of the Indian Penal Code.

3. The prosecution case, in short, is that while the the petitioner was forcefully constructing a brick wall over the land, which was in the possession of the informant's side, the same was protested by the informant, all the F.I.R. named accused persons started abusing and assaulted the informant and others with lathi, danda, brick and stone.

Patna High Court CR. MISC. No.7868 of 2025(3) dt.12-05-2025 2/3 There is allegation against the petitioner that he assaulted the husband of the informant over his head, due to which he sustained serious injury and fell down, leading to his death.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is a specific allegation against the petitioner that he assaulted with bricks on the head of the deceased but post-mortem report has not supported the case of the prosecution. It is submitted that the post-mortem report reveals that the external injury present in all four limbs, abrasion on left face of 1 inch x 1⁄2 inch, swelling on back of head. On dissection of head, skull bone intact & brain parenchyma congested, no any abnormality seen on neck. The doctor's opinion is reserved and viscera report is sent for forensic examination. It is further submitted that the F.I.R. has been lodged against seven persons including the petitioner. It is submitted that the allegation against the petitioner does not corroborate with the post-mortem report. Lastly, it has been submitted that the petitioner is in custody since 11.09.2024, having no criminal antecedent and charge-sheet has been submitted in

Patna High Court CR. MISC. No.7868 of 2025(3) dt.12-05-2025 3/3 the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the informant vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner is the main assailant on whose assault the deceased had died.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Siwan in connection with Guthani P.S. Case No. 139 of 2025.

(Khatim Reza, J) prabhat/- U T