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Patna High CourtCR. MISC./21555/2020bail granted

Jawahir Manjhi @ Jamahir Manjhi v. The State Of Bihar

2020-10-15Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21555 of 2020 Arising Out of PS. Case No.-171 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== JAWAHIR MANJHI @ JAMAHIR MANJHI, son of Kailash Manjhi, resident of Village-Bhediya Kala, P.S. Buniyadganj, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court and in any event within one month thereof.

2. The petitioner is in custody since 27.11.2019 in connection with Buniyadganj P.S. Case No. 171 of 2019 for the offences alleged under Sections 302 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with the murder of Chhathu Manjhi. It is submitted that direct allegation of cutting the throat with Pasuli is upon co-accused Basanti Devi, the daughter-in-law of the

Patna High Court CR. MISC. No.21555 of 2020(4) dt.15-10-2020 2/2 deceased. The petitioner is said to have merely assaulted with fists and slaps. No incriminating articles have been recovered from the conscious possession of the petitioner. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard. He submits that specific accusation is against co-accused Basanti Devi of cutting the throat of the deceased and not against the petitioner.

5. Be that as it may and having regard to the period of custody already suffered since 27.11.2019, let the petitioner above named be released 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 A.C.J.M. 8th, Gaya in connection with Buniyadganj P.S. Case No. 171 of 2019, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter should be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T