Shekhar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15375 of 2024 Arising Out of PS. Case No.-352 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Shekhar Manjhi Son of Late Nawal Manjhi @ Nawal Kishor Manjhi Resident of Village- Din Dayalpur, Police Station- G.B. Nagar, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case by the informant based on suspicion. It is further submitted that similarly situated coaccused, namely, Chandan Chaudhary @ Chandhan Choudhary Pasi had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 17439 of 2024 and the same was allowed by an order dated 22.03.2024. It is next submitted that the case of

Patna High Court CR. MISC. No.15375 of 2024(3) dt.17-05-2024 2/3 the petitioner is akin to the case of Chandan Chaudhary @ Chandhan Choudhary Pasi and he was granted the privilege of anticipatory bail while the petitioner was arrested and he is in custody since 24.09.2023. It is also submitted that Chandan Chaudhary @ Chandhan Choudhary Pasi was granted the privilege of anticipatory bail based on merits and since the case of the petitioner is similar then based on parity the petitioner be also granted the privilege of bail. It is further submitted that petitioner will not abscond rather will cooperate in the trial.

4. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant vehemently opposed the prayer for regular bail of the petitioner but then are not in a position to rebut the submissions of the learned counsel for the petitioner that Chandan Chaudhary @ Chandhan Choudhary Pasi has been granted the privilege of anticipatory bail based on merits and the case of the petitioner is similar to the case of Chandan Chaudhary @ Chandhan Choudhary Pasi.

5. Considering the submissions aforesaid, the 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 Court below where the case is pending in connection

Patna High Court CR. MISC. No.15375 of 2024(3) dt.17-05-2024 3/3 with G.B. Nagar P.S. Case No. 352 of 2023.

6. However, if the learned trial court comes to a conclusion that petitioner, after his release on bail, is trying to delay the trial of the case in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

(Satyavrat Verma, J) Kundan/- U T