Mohar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21473 of 2021 Arising Out of PS. Case No.-77 Year-2018 Thana- JAMOBAZAR District- Siwan ====================================================== MOHAR MANJHI Son of Late Neur Manjhi Resident of Village- Saidpur, P.S.- Jamo Bazar, District- Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-08-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of third attempt at the behest of the petitioner for grant of regular bail in connection with Jamo Bazar PS case no. 77 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 307, 302 of Indian Penal Code, inasmuch the earlier bail petitions filed by the petitioner for grant of regular bail, were dismissed by this Court vide order dated 09.01.2019 passed in Cr. Misc. no. 68863 of 2018 and the

Patna High Court CR. MISC. No.21473 of 2021(2) dt.11-08-2021 2/2 order dated 09.06.2020, passed in Cr. Misc. no. 74844 of 2019. There is specific allegation against the petitioner of having assaulted the deceased resulting in his death. The learned counsel for the petitioner has submitted that though the charge was framed on 17.01.2020 but there is no progress whatsoever in the trial and the petitioner is languishing in custody since 18.06.2018, hence the petitioner be granted the privilege of bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the materials on record, this Court finds that there is no change in circumstance from the day, the prayer of the petitioner for grant of bail was rejected earlier vide order dated 09.06.2020, till date, hence there is no occasion to reconsider the prayer of the petitioner for grant of bail, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T