Madan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10442 of 2024 Arising Out of PS. Case No.-124 Year-2020 Thana- CHAKAND District- Gaya ====================================================== Madan Manjhi, aged about 25 years, Male Son of Jagrup Manjhi, Resident of Village-Bhagalpur, P.S.-Chakand, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra,, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha,, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Chakand P.S. Case No. 124 of 2020 registered for an offence punishable under Sections 147, 149, 341, 323, 302, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, petitioner and others are alleged to have concertedly assaulted the informant's son with intention to commit murder.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the alleged sections are not attracted against the petitioner because they were not present at the place of

Patna High Court CR. MISC. No.10442 of 2024(2) dt.21-02-2024 2/3 occurrence. He next submits that similarly situated co-accused persons have already been granted regular bail by a co-ordinate Bench of this Court passed in Cr. Misc. No. 70110 of 2021 by order dated28.09.2022. Similarly situated other co-accused have also been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 6551 of 2024 by order dated 17.02.2024. Petitioner is in judicial custody since 19.09.2023.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. On perusal of the first information report and postmortem report of the deceased, it appears that the cause of death is haemorrhage and shock and also similarly situated coaccused persons have already been granted regular bail by a Coordinate Bench of this Court, considering which, I am inclined to grant bail to the petitioner. Accordingly, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Chakand P.S. Case No. 124 of 2020 with following conditions:- (i) The applicant/accused should not extend any threat promise of inducement to the persons acquainted with the facts

Patna High Court CR. MISC. No.10442 of 2024(2) dt.21-02-2024 3/3 of the accusation against him so as to dissuade them from disclosing such facts to the Court or to any police officer. (ii) The applicant/accused should cooperate the trial court in expeditious disposal of the trial. He should attain each and every date fixed for hearing unless exempted by the learned trial Court.

(iii) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (iv) The applicant/accused should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

(Ramesh Chand Malviya, J) Anand Kr.

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