Rajesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19647 of 2024 Arising Out of PS. Case No.-196 Year-2023 Thana- AURAI District- Muzaffarpur ====================================================== 1.
Rajesh Manjhi Son Of Pasinjar Manjhi @ Batuhu Resident of Vill.-Benipur, P.S.-Aurai, Distt.-Muzaffarpur 2.
Sangita Devi D/O Pasinjar Manjhi @ Batuhu Resident of Vill.-Benipur, P.S.- Aurai, Distt.-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand, Adv.
For the Opposite Party/s :
Ms.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Sessions Trial No. 877 of 2023 arising out of Aurai P.S. Case No. 196 of 2023 instituted for the offences under Section 302, 341, 323, 34 of the Indian Penal Code.
3. As per prosecution case, the allegation against the petitioners of assaulting and committing murder of brother of the Informant and throwing the dead body near Yojana Bandh.
4. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence as alleged against them and have falsely been implicated in the present
Patna High Court CR. MISC. No.19647 of 2024(2) dt.18-03-2024 2/3 case. There is not eye-witness to the alleged occurrence. The Informant is also not the eye-witness. The petitioner no.1 is the brother-in-law and petitioner no.2 is the wife of the deceased. There is no direct and specific allegation against the petitioners. The deceased was habitual consumer of liquor. In the postmortem report, the doctor has not found any external or internal antemortem injury over the dead body and the cause of death has been kept reserve for want of chemical report. The petitioners have no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner no.1 is languishing in judicial custody since 22.08.2023 and the petitioner no.2 is in custody since 17.09.2023. Charge-sheet has been submitted in this case.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioner having no criminal antecedent and there being no direct allegation against the petitioers, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.19647 of 2024(2) dt.18-03-2024 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 877 of 2023 arising out of Aurai P.S. Case No. 196 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T