Mahendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23371 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- ROSHANGANJ District- Gaya ====================================================== Mahendra Manjhi S/O Late Nageshwar Manjhi @ Late Nagesar Manjhi Resident Of Village- Nawadih, P.S.- Banke Bazar, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code but the police submitted the charge-sheet under Sections 306/34 of the Indian Penal Code.

It is a case of commission of murder of the sister of the informant by her in-laws family members including the petitioner by poisoning.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.23371 of 2023(5) dt.31-10-2023 2/3 been implicated in this case. The petitioner is brother-inlaw of the deceased and he lives separately and he had no concern either with the deceased or her property. During investigation, no consistent material evidence was collected against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The independent witnesses have also not supported the case of the prosecution. The petitioner is languishing in custody since 23.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 17.07.2023 passed in Cr. Misc. No. 22891 of 2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.23371 of 2023(5) dt.31-10-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Roshanganj (Banke Bazar) P.S. Case No. 70 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T