Shobhi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.962 of 2019 Arising Out of PS. Case No.-347 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== SHOBHI MANJHI Son of Late Basu Manjhi Resident of Village- Kanwa, P.S.- Tankupa, District- Gaya ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Amit Kumar Anand For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 15-04-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Wazirganj P.S.Case no.347 of 2018 , registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal and Section 3(2(v) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant and other accused persons is that they had taken the brother of the informant and thereafter he did not return and on inquiry, it has come that he was seen going towards Mehar Pahar and when they searched about him, his dead body was found.

Allegation against the appellant is that the materials collected during the investigation and the FIR itself show that he was seen going along with Rewat Manjhi and other co-accused. Appellant is a handicapped and he has falsely been implicated in this case.

Patna High Court CR. APP (SJ) No.962 of 2019 dt.15-04-2019 2/2 Heard learned Special P.P., who has opposed the prayer for bail on the ground that the witnesses have stated that the deceased was seen going along with the appellant and other accused persons.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant privilege of anticipatory bail rather let the appellant surrender before the learned Special Judge within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned special judge on its own merit without being prejudiced by the order of this Court and if possible to be disposed of on the same day. Accordingly, this appeal is disposed of.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date