Jitendra Manjhi @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13534 of 2023 Arising Out of PS. Case No.-966 Year-2022 Thana- NAWADA District- Nawada ====================================================== Jitendra Manjhi @ Jitendra Kumar Son Of Birju Manjhi R/O Vill.- Mirjapur, P.S.- Nawada (Town), Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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 3, 4, 5 of the Explosive Substance Act.

The prosecution story, in brief, is that while the informant along with police personnel was on patrolling duty, he saw three persons who after seeing the police tried to escape. During course of escape, a bomb was exploded and one person was apprehended by the police who disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13534 of 2023(2) dt.25-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was apprehended on spot nor any incriminating material has been recovered from his conscious possession rather his name was disclosed by the apprehended co-accused namely, Sato Manjhi. Nothing consistent material has come against the petitioner to show his involvement in this alleged offence. Moreover, similarly situated co-accused namely, Raja Manjhi has already been granted bail by this Court vide order 17.4.2023 passed in Cr. Misc. No. 8684 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 07.09.2022.

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 Nawada (Kadirganj O.P.) P.S. Case No. 966 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.13534 of 2023(2) dt.25-04-2023 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada.

(Sunil Kumar Panwar, J) Manish/- U T