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Patna High CourtCR. MISC./6805/2023allowed

Karu Manjhi v. The State Of Bihar

2023-07-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6805 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== Karu Manjhi Son of Late Bano Manjhi Resident of village- Makhdumpur Mahadalit Tola, P.S.- Tankuppa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

The allegation against the petitioner along with other accused is that they have committed murder of the informant's son and after killing thrown the dead body of the deceased on sand near the house of Shambhu Manjhi.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case merely on the basis of suspicion. There is no eye witness of the alleged occurrence. The name of the

Patna High Court CR. MISC. No.6805 of 2023(3) dt.19-07-2023 2/2 petitioner has been transpired during investigation on the basis of his self confession before the police which has got no evidentiary value in the eye of law. During course of investigation no consistent evidence has come to show the involvement of the petitioner in the alleged occurrence. Petitioner is languishing in judicial custody since 12.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State and learned counsel for the informant have has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tankuppa P.S. Case No.77 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XII, Gaya. (Sunil Kumar Panwar, J) lata/- U T