Munna Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38759 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- MATIYARIA District- West Champaran ====================================================== 1.

Munna Manjhi S/o Late Ghoghi Manjhi R/o village- Basantpur, P.S.- Matiyaria, District- West Champaran 2.

Saheb Manjhi S/o Late Sheo Manjhi R/o village- Basantpur, P.S.- Matiyaria, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Braj Kishore Prasad,APP Mr.Shiv Kumar Dwivedi,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-12-2021 Heard learned counsel for the parties.

Petitioners pray for bail in Sessions Trial No. 82 of 2021, arising out of Matiyaria P.S. Case No. 55 of 2020, registered for the offence under Sections 302/120B/34 of the Indian Penal Code.

As per the F.I.R., this petitioners alongwith other F.I.R. named co-accused, after hatching a conspiracy, committed the murder of son of the informant.

It is submitted on behalf of petitioners that petitioners have been made accused only on suspicion. As per F.I.R., it is apparent that the co-accused Darshan Manjhi called the son of informant. During course of investigation, only material that has come against these petitioners is that deceased was having love affairs with Nirjla Kumari, daughter of petitioner no. 1 (Munna

Patna High Court CR. MISC. No.38759 of 2021(2) dt.13-12-2021 2/2 Manjhi) as a result of which they might have killed the deceased. Save and except this, there is no material against these petitioners. There is no eye-witness to the alleged occurrence and petitioners are in custody since 04.01.2021. Similarly situated co-accused namely Prem Manjhi and Basant Manjhi have already been granted bail by this Court, vide order dated 09.08.2021 passed in Cr.Misc. No. 28681 of 2021 and order dated 03.12.2021 passed in Cr.Misc. No. 35486 of 2021 respectively.

However, learned counsel for the informant has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned IVth Addl. District & Sessions Judge, Bettiah, West Champaran in connection with Sessions Trial No. 82 of 2021, arising out of Matiyaria P.S. Case No. 55 of 2020.

(Prabhat Kumar Singh, J.) anay U T