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Patna High CourtCR. MISC./13439/2023allowed

Pakdu Manjhi @ Naresh Manjhi v. The State Of Bihar

2023-05-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13439 of 2023 Arising Out of PS. Case No.-124 Year-2020 Thana- CHAKAND District- Gaya ====================================================== PAKDU MANJHI @ NARESH MANJHI S/o Jamun Manjhi R/o VillageBhagalpur Hasanpur Bhuntoli, P.S.- Chakand, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 302, 504, 506 of the Indian Penal Code. As per prosecution case, informant alleged that petitioner along with co-accused persons assaulted the informant's son due to which his son sustained injury and during treatment doctor declared him dead.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is no direct and indirect allegation found against the petitioner

Patna High Court CR. MISC. No. 13439 of 2023(2) dt.05-05-2023 2/2 rather general and omnibus allegation leveled against him. He has got no criminal antecedent. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 28.09.2022 passed in Cr. Misc No. 70110 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 04.05.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakand P.S. Case No. 124 of 2020on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Gaya. (Sunil Kumar Panwar, J) Manish/- U T