Rabindra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25050 of 2020 Arising Out of PS. Case No.-704 Year-2017 Thana- NAWADA District- Nawada ====================================================== RABINDRA MANJHI son of Bisheshar Manjhi @ Visheshar Manjhi @ Bisheshwar Manjhi, Resident of village-Ratanpur, Musan Bigha, Kurma, Mushari Tola, P.S. -Nawada (Town), District-Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Nawada (Town) P.S. Case No.704 of 2017 registered under Sections 302 and 201 of the IPC.

The informant alleged that on 18.10.2017 Jitendra Kumar had gone to Mosan Bigha (Musahari) to collect money from Mohan Manjhi but Jitendra Kumar did not return. The informant knew that Mohan Manjhi killed Jitendra Kumar. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The name of the petitioner figured in the case during course of investigation in the confession of Mohan Manjhi before the police. Mohan Manjhi disclosed that Jitendra Kumar developed illicit relation with the wife of Mohan Manjhi and he was found inside a room of the house with the wife of Mohan Manjhi. Mohan Manjhi further

Patna High Court CR. MISC. No.25050 of 2020(3) dt.15-10-2020 2/2 disclosed that he with the help of petitioner and other accused persons killed Jitendra Kumar. Save and except the confession, there is no other material to show the involvement of the petitioner. Similarly situated co-accused, namely, Akhilesh Manjhi, whose name also surfaced in the case in the confession of Mohan Manjhi before the police, has been enlarged on bail. The case of the petitioner stands on the same footing. Learned A.P.P. did not dispute the fact.

Having considered the facts that the name of the petitioner surfaced in the case during course of investigation in the confession of Mohan Manjhi before the police and save and except the confession of Mohan Manjhi, there is no other material to show the involvement of the petitioner and similarly situated co-accused person has already been granted bail, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Nawada in connection with Nawada (Town) P.S. Case No.704 of 2017.

(Prabhat Kumar Jha, J) Harish/- U T