Naulakha Manjhi @ Nav Lakkha Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21701 of 2025 Arising Out of PS. Case No.-84 Year-2024 Thana- AIRPORT District- Patna ====================================================== Naulakha Manjhi @ Nav Lakkha Manjhi son of Late Dularchand Manjhi@Dularchan Manjhi village- Jagdeo Path Mushari, Ps- Hawai Adda, Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sessions Trial No. 1541 of 2024 arising out of Hawai Adda P.S. Case No. 84 of 2024 instituted for the offence under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

On 08.07.2024, the informant was told that her husband had been killed by residents of Musahari. The informant's husband hid in fear in the house of the petitioner but was discovered and brutally assaulted by petitioner and others. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-07-2024. Petitioner bears two criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.21701 of 2025(4) dt.29-07-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. The prosecution story appears to be a fabricated built upon a baseless allegation that the deceased was killed after being caught inside the petitioner's house with his wife. The informant, allegedly knowing intricate details despite being far away, raises doubts about the authenticity of her claims. The FIR seems to have been lodged after significant delay, with specific details suggesting external influence and false implication. Medical evidence contradicts the timeline given by the informant, further discrediting the story. Overall, the deceased's presence at an inappropriate place led to public outrage and mob assault, not a planned act by the petitioner. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. As per postmortem report, cause of death is due to injuries sustained by hard and blunt substance. Other witnesses have supported the factum of the prosecution case.

Patna High Court CR. MISC. No.21701 of 2025(4) dt.29-07-2025 3/3 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 1541 of 2024 arising out of Hawai Adda P.S. Case No. 84 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T