Shiv Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32471 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Shiv Manjhi S/o Late Kunkun Manjhi R/o village- Musahari Tola, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Majhaulia P.S. Case No.224 of 2021 registered for the offence under Section 302 read with 34 of the Indian Penal Code. As per the allegation, the informant's father was found dead at his old house in the morning when the informant went to his old house and informant found injuries near eyes and ear of the deceased. The informant further alleged that his father regularly visited the petitioner's house, therefore the petitioner might have murdered his father with the help of

Patna High Court CR. MISC. No.32471 of 2022(2) dt.01-09-2022 2/3 unknown persons.

The main submissions advanced by the learned counsel Mr. Shiv Kumar Dwivedy for the petitioner are that the petitioner has been dragged in this case on the basis of suspicion only and there is no eye witness to the alleged murder and the petitioner has been languishing in jail since 19th September, 2021 without any reasonable ground to believe that the petitioner has committed the alleged murder.

Learned APP Mr. Suman Kumari Singh appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR. The informant simply raised suspicion against the petitioner in the FIR but any reason of suspicion has not been revealed by him and the FIR goes to show that at the relevant time of the alleged occurrence there was no bad relation between the deceased and the petitioner and the petitioner has got clean antecedent and languishing in jail since 19th September, 2021 and he has been chargesheeted. Considering these facts as well as above submissions, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.32471 of 2022(2) dt.01-09-2022 3/3 satisfaction of the concerned Court in connection with Majhaulia P.S. Case No.224 of 2021.

(Shailendra Singh, J.) sangam/- U T