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Patna High CourtCR. MISC./20893/2022bail rejected

Kishori Manjhi v. The State Of Bihar

2022-08-02Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20893 of 2022 Arising Out of PS. Case No.-387 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== KISHORI MANJHI SON OF SAGUNI MANJHI R/O VILLAGE- JARANG ADDA, POKHAR, P.S.- GAIGHAT, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Ashok Kumar Singh For the State :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 302 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have assaulted with bamboo on the head of the informant's father, due to which his father succumed to the injuries. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.20893 of 2022(2) dt.02-08-2022 2/3 this case due to dirty village politics. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. There is general and omnibus allegation against the petitioner. There was a delay of two days in lodging the F.I.R. The petitioner is in custody since 14.09.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegations against the petitioner to cause the death of the informant's father.

Considering the aforesaid facts and circumstances as well as the period of custody, I am not inclined to enlarge the petitioner above named, on bail.

Learned trial Court is directed to expedite the trial and conclude the same preferably within nine months. The petitioner is at liberty to renew his prayer for bail if the trial will not conclude within the aforesaid period. The application is rejected.

(Chandra Prakash Singh, J) shobhakri/- U T

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