Dhanpat Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18988 of 2022 Arising Out of PS. Case No.-233 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== DHANPAT MANJHI Son of Late Badri Manjhi Resident of Village- Khurd Patedhi, P.S. - Vaishali (Belsar O.P.), Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the informant states that her husband had gone to Chennai for work along with the petitioner. About 15 days ago, he returned home and narrated that he has been assaulted by the petitioner and one another with brick etc. He underwent treatment and on discharge, subsequently he succumbed to his injury.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even for the sake of argument accepting the allegations in the FIR, the said occurrence had taken place more than 15 days prior to

Patna High Court CR. MISC. No.18988 of 2022(5) dt.12-01-2023 2/2 the husband of the informant reaching home and he had also been discharged from the hospital. The petitioner is in custody since 15.4.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the petitioner being in custody for more than 1 year 8 months and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Vaishali P.S. Case no. 233 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Spd/- U T