Lohar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11047 of 2022 Arising Out of PS. Case No.-270 Year-2020 Thana- MOKAMAH District- Patna ====================================================== Lohar Manjhi Son of Sanjay Manjhi Resident of Village- Indranagar, Ward No. 4, P.S.- Mokama, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2022 Heard both parties.

The petitioner seeks bail in Mokama P.S. Case No. 270 of 2020, registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. Later on, section 302 IPC was added.

As per the prosecution case, on 13.12.2020 while the informant was at her Maike she received information that her husband became senseless. On receipt of such information she reached there and came to know that this petitioner along with other co-accused persons assaulted him by lathi, danda, as a result of which he died.

It is submitted on behalf of the petitioner that from perusal of the FIR it is apparent that informant is not eyewitness of the occurrence and she has not disclosed the source

Patna High Court CR. MISC. No.11047 of 2022(2) dt.05-05-2022 2/2 of information from where she got such information. Only on suspicion petitioner has been made accused in this case. Similarly situated co-accused Sanjay Manjhi has been granted bail by a coordinate Bench of this Court vide order dated 28.10.2021 passed in Cr. Misc. No. 24341 of 2021 (Annexure2). Petitioner claims clean antecedent and he is in custody since 10.02.2021.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Barh, Patna in connection with Mokama P.S. Case No. 270 of 2020. (Prabhat Kumar Singh, J) vinita/- U T