Sukhari Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8124 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- Sarbahada District- Gaya ====================================================== Sukhari Manjhi Son of Late Sidheshwar Manjhi Resident of Village- Khudai, P.S.- Sarbahda, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sarbahda P.S. Case No. 63 of 2024 instituted for the offence under Sections 191(2), 190, 126(2), 115(2), 109, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that informant was assaulted by co-accused persons including the petitioner by means of lathi, danda & khanti on alleged denial for giving tobacco. It is further alleged that co-accused including the petitioner taken away his Rs. 15,000/- and fled away.

Patna High Court CR. MISC. No.8124 of 2025(2) dt.18-02-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-11-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that there is no specific allegation attributed to the petitioner, rather it is alleged that co-accused, namely, Chunnu Manjhi has given axe blow on the informant. No incriminating article has been recovered from the possession of the petitioner. Injury is said to be caused by hard and blunt substance. Charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no direct allegation attributed to the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.8124 of 2025(2) dt.18-02-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarbahda P.S. Case No. 63 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T