Pustak Kumar Manjhi @ Chhotka Kancha Manjhi @ Pustak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7439 of 2025 Arising Out of PS. Case No.-386 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Pustak Kumar Manjhi @ Chhotka Kancha Manjhi @ Pustak Kumar S/O Naresh Manjhi R/O village - Jamalpur Musahri, P. S - Sheikhpura, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Sheikhpura P.S. Case No. 386 of 2024 registered for the alleged offences under Sections 118(1), 103, 238 of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, father of the informant used to sell vegetables and he was murdered by unknown persons and his dead body was thrown in water filled ditch.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to ulterior motive. The name of petitioner transpired in this case in confessional statement of co-accused Phulchun

Patna High Court CR. MISC. No.7439 of 2025(3) dt.15-05-2025 2/3 Kumar @ Pocha. The petitioner is a poor man and he works as as labourer in Secunderabad and was not even present at the time of incident at the place of occurrence. The petitioner is having antecedent of two cases and both the cases are under the Prohibition & Excise Act. The petitioner is in custody since 12.12.2024 and charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner and others assaulted the father of the informant and killed him after robbing him of his belongings.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material against the petitioner to connect him with the offence as alleged and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 386 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

Patna High Court CR. MISC. No.7439 of 2025(3) dt.15-05-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T