Shakindra Manjhi @ Sikandra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27730 of 2017 Arising Out of PS.Case No. -481 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ====================================================== Shakindra Manjhi @ Sikandra Manjhi, S/o Krishna Manjhi, R/o VillageEguna, P.S.- Mufassil, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Muffasil P.S. Case No. 481 of 2015 registered under Section 302/34 of the Indian Penal Code.

The allegation of informant is that, on 31.12.2015, in the evening, he received information to the effect that his brother Ramswaroop Chaudhary has been killed in the village Eguna by Bindu Manjhi, Shakindra Manjhi @ Sikandra Manjhi (petitioner) and Kurhan Manjhi. Thereafter, he went at the house of Bindu Manjhi and made query to Bindu Manjhi but he

showed his ignorance then he anyhow entered in the house of Bindu Manjhi and found bloodstain cloths and axe in the room. Thereafter, he enter in another room and after removing the soil found the dead body of his brother Ramswaroop Chaudhary and plastic rope was tied in the neck of his brother. Thereafter, informant along with villagers caught hold Bindu Manjhi and gave information to the police.

Learned counsel for the petitioner submits that while the allegation has been made against the petitioner along with two others named in the F.I.R. to kill the brother of the informant but no specific overt act has been attributed against the petitioner. It is further submitted that petitioner has falsely been implicated in this case mere on suspicion as petitioner is the cousin of co-accused, Bindu Majhi, from whose house, the dead body of the brother was recovered. It is further submitted that petitioner has no criminal antecedent and he in custody since 10.02.2017.

Having regard to the facts and the circumstances of the case, 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 the Chief Judicial Magistrate, Gaya, in connection

with Muffasil P.S. Case No. 481 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T