Dilip Kumar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11640 of 2025 Arising Out of PS. Case No.-280 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== Dilip Kumar Manjhi S/o Lal Babu Manjhi @ Lal Bab Manjhi Resident of village- Chhotka Teghra, PS- Maharajganj Dist- Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mrs.Kumari Anupam, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused-petitioner seeks bail in connection with S.T. No. 527/2024 arising out of Maharajganj P.S. Case No. 280 of 2024 registered for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 02.07.2024.
4. The allegation against the petitioner is to commit the murder of brother of the informant alongwith other co-accused persons, where occurrence is alleged to be arising out of previous enmity/occurrence which alleged to took place in February 2024.
Patna High Court CR. MISC. No.11640 of 2025(2) dt.28-02-2025 2/3
5. Learned Counsel appearing on behalf of the petitioner submitted that merely on the basis of allegation as petitioner alongwith other co-accused persons out of previous acquaintance called the brother of the informant from his house on 24.06.2024, the petitioner was implicated with present case. It is submitted that nothing surfaced incriminating against this petitioner during course of investigation on the basis of aforesaid suspicion. It is also pointed out that even allegation of last seen and also to calling deceased from his home is not appears specific against this petitioner as same is also available against other co-accused persons. Petitioner was said to be on another motorcycle.
6. While concluding the argument, it is submitted that the petitioner found involved in one more criminal case of petty nature i.e. for the offence under Sections 414 of the I.P.C., where he is on bail and moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned A.P.P. for the State opposes the prayer of bail of the petitioner.
Patna High Court CR. MISC. No.11640 of 2025(2) dt.28-02-2025 3/3
8. Considering the facts and circumstances and by taking note of fact as save and except suspicion arising out of last seen alongwith other coaccused persons, prima facie nothing survives against this petitioner as to connect him with present occurrence of murder, coupled with the fact that investigation of this case is already completed, where petitioner is in custody since 02.07.2024, accordingly, petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge - VII, Siwan/concerned Court in connection with S.T. No. 527/2024 arising out of Maharajganj P.S. Case No. 280 of 2024, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. /Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Rajeev/- U T