Rajo Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16052 of 2023 Arising Out of PS. Case No.-67 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== RAJO MANJHI Son of Naresh Manjhi R/V. - Mahuar Khurd, P.S. - Buniyadganj, Dist. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

Learned counsel for the petitioner submits that earlier the petitioner had moved seeking regular bail by filing Cr. Misc. No. 69612 of 2021 but after making elaborate argument the bail application was permitted to be withdrawn as is evident from the order dated 26.04.2022. Learned counsel further submits that the detail submission was recorded in the order dated 26.04.2022 in Cr. Misc. No. 69612 of 2021 before withdrawing the bail application. It is also submitted that the wife of the deceased has been granted regular bail by order dated 23.02.2023 in Cr. Misc. No. 34962 of 2022 by a Coordinate

Patna High Court CR. MISC. No.16052 of 2023(2) dt.05-04-2023 2/2 Bench of this Court. It is, thus, submitted that the case of the petitioner is also akin to the case of Saraswati Devi i.e. wife of the deceased as both petitioner and Saraswati Devi are own brother and sister. Learned counsel next submits that the trial of the case has commenced but till date not a single witness has been examined.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the submission 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 with Buniyadganj P.S. Case No. 67 of 2021.

Further, in the event, if the learned trial court comes to a conclusion that the petitioner, after obtaining 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