Mohan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18535 of 2020 Arising Out of PS. Case No.-704 Year-2017 Thana- NAWADA District- Nawada ====================================================== MOHAN MANJHI Son of Gajar Manjhi Resident of Village- Sisama, P.S.- Nawada, District- Nawada, Sasural Motion Bigha, P.S.- Nawada, DistrictNawada (Address mentioned in F.I.R. father name not known). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Session Trial No. 115/2018 arising out of Nawada P.S. Case No. 704/2017 under Sections 302/201 of the Indian Penal Code inasmuch as his earlier prayer for grant of bail was rejected by this Court by a coordinate Bench of this Court vide order dated 19.7.2018 passed in Criminal Miscellaneous No. 26511 of 2018.

The petitioner is alleged to have killed the deceased and the dead body of the deceased was recovered at the instance of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is languishing in

Patna High Court CR. MISC. No.18535 of 2020(5) dt.13-12-2021 2/2 custody since 21.10.2017 without there being any progress in the trial, hence, the petitioner should be granted bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is alleged to have committed a heinous crime of murder, apart from the fact that there is no change in circumstance from the time the prayer of the petitioner for grant of bail was rejected by a coordinate Bench of this Court vide order dated 19.7.2018 till date, I do not find any occasion to reconsider the prayer of the petitioner for grant of bail, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T