Rajbir Manjhi @ Rajvir Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7895 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- KHAIRA District- Jamui ====================================================== 1.
Rajbir Manjhi @ Rajvir Manjhi S/O Arun Manjhi Resident of VillageKageshwar, P.S. Khaira, District Jamui. 2.
Bitan Manjhi Son of Mahendra Manjhi Resident of Village-Kageshwar, P.S. Khaira, District Jamui.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar, Advocate Ms. Kumari Swati, Advocate For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The accused/petitioners seek bail in connection with S.T. Case No. 448/2024 arising out of Khaira P.S. Case No.150 of 2024 registered for the offences punishable under Sections 302 and 120-B read with 34 of the Indian Penal Code.
3. The accused/petitioners are named in the FIR and is in custody since 25.04.2024.
4. The allegation against the petitioners is to commit murder of father of the informant along with other named co-accused persons, where occurrence alleged to be
Patna High Court CR. MISC. No.7895 of 2025(2) dt.28-02-2025 2/3 arises out of previous enmity.
5. It is submitted by learned counsel that admittedly the informant is not the eye-witness of the occurrence and the implication is only on the basis of suspicion arising out of previous enmity. It is submitted that the name of petitioners transpired during the course of investigation on the basis of self-confession, in furtherance of which, no incriminating materials recovered/surfaced during investigation as to connect the petitioners prima facie with present occurrence of murder. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer for grant of bail to the petitioners.
7. In view of above-mentioned facts and circumstances, as save and except suspicion arising out of previous enmity and self-confession recorded under police custody, nothing incriminating surfaced during investigation as to connect the petitioners with present occurrence of
Patna High Court CR. MISC. No.7895 of 2025(2) dt.28-02-2025 3/3 murder, coupled with the fact that investigation of this case is already completed, where petitioners are in custody since 25.04.2024, accordingly, the petitioners, above-named, are directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Jamui, in connection with S.T. Case No. 448/2024 arising out of Khaira P.S. Case No. 150 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (for short 'B.N.S.S.'). (Chandra Shekhar Jha, J) Rajeev/- U T