Om Prakash Manjhi @ Ratan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16138 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Om Prakash Manjhi @ Ratan Manjhi S/O- Munilal Manjhi Resident Of Village-Kerma Raghuram Naya Tol Ps- Kudhani Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kudhani P.S. Case No. 51 of 2022 dated 22.01.2022 lodged under Sections 302/ 34 of the I.P.C.

As per the prosecution case, there is direct allegation against the petitioner that he caught the deceased and the other persons have attacked on the deceased which resulted into death.

Learned counsel for the petitioner submits that there is no allegation of act and overt act against the petitioner. He submits that antecedent of the petitioner is clean and he is in custody since 02.02.2022.

Counsel further submits that the other co-accused namely, Arun Manjhi has been granted bail by virtue of Coordinate Bench of this Court vide order dated 15.11.2022 passed

Patna High Court CR. MISC. No.16138 of 2023(2) dt.10-05-2023 2/2 in Cr. Misc. Case No. 41090 of 2022 and also other similarly situated accused person namely, Lakshman Manjhi has been granted bail by virtue of Co-ordinate Bench of this Court vide order dated 20.12.2022 passed in Cr. Misc. Case No. 48704 of 2022.

Learned counsel for the State opposes the prayer for bail and submits that it is a case of murder in which direct involvement of present petitioner is here from the allegation of F.I.R.. Counsel also submits that the similarly situated persons have been granted bail by the Co-ordinate Bench of this Court. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-13, Muzaffarpur in connection with Kudhani P.S. Case No. 51 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T