Kamlesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14517 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== KAMLESH MANJHI SON OF LATE MATHURA MANJHI R/O VILLAGECHEHLA, P.S.- FATEHPUR, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

As per the prosecution case, this petitioner brutally assaulted the father of informant with Lathi, Danda and brick as a result of which he died on the spot.

Learned counsel appearing for the petitioner submits that informant is not an eye witness of the occurrence and only on suspicion this petitioner has been implicated in this case. It is submitted that though the alleged occurrence took place on 14.08.2021 but the FIR was lodged on 16.08.2021 without any explanation. Petitioner claims clean antecedent and is in custody since 17.08.2021 and investigation in this case is complete.

Patna High Court CR. MISC. No.14517 of 2022(2) dt.12-05-2022 2/2 Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is the assailant of the deceased and there is direct and specific allegation against him that he assaulted the father of informant with Lathi, Danda and brick as a result of which he died.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T