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Patna High CourtCR. MISC./30662/2020rejected

Pravesh Manjhi v. The State Of Bihar

2021-02-09Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30662 of 2020 Arising Out of PS. Case No.-361 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== PRAVESH MANJHI S/o Nanhak Manjhi Resident of Village-Singathia Bhagalpur, P.S.-Wazirganj, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr. S.K. Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No. 29 of 2020/ 77 of 2020 arising out of Wazirganj P.S. Case No.361 of 2019 under Sections 147, 148, 149, 323, 324, 326, 307, 504 and 506 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has falsely been implicated in this case. The petitioner is rotting in judicial custody since 04.11.2019. Learned A.P.P. for the State has opposed the prayer

Patna High Court CR. MISC. No.30662 of 2020(3) dt.09-02-2021 2/2 for bail and submitted that there is direct and specific allegation of assault with Khanti on the head of the son of the informant against the petitioner as a result of which he fell down and died during course of treatment, this fact is clearly evident form the F.I.R. itself. Moreover, the deceased sustained multiple injuries external or internal and the doctor has opined that victim died due to head injury caused by a hard and blunt substance which is evident from the post mortem report.

Considering the facts and circumstances of the case, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T