Khesari Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19502 of 2023 Arising Out of PS. Case No.-197 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== Khesari Manjhi Son of Harihar Manjhi Resident of Village - Punarwara Shyam, Ward No.- 04, P.S.- Hathauri, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-06-2023 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and Ms. Suman Kumari Singh, learned APP for the State.

The petitioner apprehends his arrest in connection with Hathauri P.S. Case No. 197 of 2021 registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The petitioner along with other co-accused persons is said to have assaulted the son of the informant which proved fatal.

Learned counsel for the petitioner submits that the deceased was a drunkard and he fell down on the earth in intoxicated condition due to which he sustained injury on his stomach and later on died. He further submits that the other co-

Patna High Court CR. MISC. No.19502 of 2023(2) dt.13-06-2023 2/3 accused persons having similar allegation have been allowed the privilege of anticipatory bail, the copy of which has been brought on record as Annexure-2 to the bail petition. He next submits that the petitioner has absolutely fair antecedent and during course of investigation it has also come that the deceased died on account of excess consumption of Toddy. On the other hand, learned counsel for the State opposes the bail application. However, he has shown his inability to confront the aforesaid submission that other coaccused persons having similar allegation, have been allowed the privilege of pre-arrest bail by the learned Co-ordinate Bench of this Court.

Regard being had to the submissions made on behalf of the parties and considering the fact that other co-accused persons having identical allegation have been allowed the privilege of anticipatory bail and postmortem report does not support the prosecution case, coupled with the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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.19502 of 2023(2) dt.13-06-2023 3/3 J.M.1st Class (East), Muzaffarpur in connection with Hathauri P.S. Case No. 197 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Harish Kumar, J) rohit/- U T