Ram Chandra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21006 of 2023 Arising Out of PS. Case No.-394 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== 1.

Ram Chandra Manjhi, Son of Late Moti Manjhi Resident of village - Sirsa Ram Ray, P.S.- Lalganj, District - Vaishali 2.

Chulha Manjhi @ Suresh Manjhi, Son of Late Shital Manjhi Resident of village - Sirsa Ram Ray, P.S.- Lalganj, District - Vaishali 3.

Kamleshwar Manjhi, Son of Late Moti Manjhi Resident of village - Sirsa Ram Ray, P.S.- Lalganj, District - Vaishali 4.

Shobhit Manjhi, Son of Bindu Manjhi Resident of village - Sirsa Ram Ray, P.S.- Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Lalganj P.S. Case No. 394 of 2022 for the offence registered under Sections 302/34 of the I.P.C.

As per the prosecution case, 14 accused persons including the petitioners have assaulted the husband of the informant with lathi, danda, iron rod etc. due to which he

Patna High Court CR. MISC. No.21006 of 2023(2) dt.18-05-2023 2/3 succumbed to injuries and during his treatment he died. Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case. The informant is not an eye-witness of the occurrence but on the basis of suspicion she filed FIR against the petitioners and other co-accused persons. The alleged occurrence took place on 12.10.2022, however, the FIR has been lodged on 26.10.2022 without any explanation. The allegations against the petitioners are general and omnibus in nature. He has also submitted that in post-mortem report, no external injury was found on the victim. The petitioners are in jail custody since 28.12.2022 without any fault. They have got no criminal antecedent. Charge-sheet has already been submitted and there is no chance of absconding or tampering the evidence by the petitioners.

Learned counsel for the State opposes the prayer for grant of bail to the petitioners.

Considering the facts and circumstances of the case and submissions made on behalf of the parties, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.21006 of 2023(2) dt.18-05-2023 3/3 Additional Chief Judicial Magistrate-III, Vaishali at Hajipur in Lalganj P.S. Case No. 394 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T