Patna High Court/31047/2023bail rejected

Prabhu Manjhi v. The State Of Bihar

2023-06-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31047 of 2023 Arising Out of PS. Case No.-80 Year-2016 Thana- MANJHAGARH District- Gopalganj ====================================================== Prabhu Manjhi Son Of Late Manbharan Manjhi Resident Of Village And Post - Bhaisahi, P.S. - Manjhagarh, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Riya Giri, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no. 62 of 2022 (arising out of Manjagarh P.S. Case no. 80 of 2016) registered under sections 302 and 34 of the Indian Penal Code.

3. The earlier applications for bail of the petitioner were rejected vide orders dated 28.6.2021 passed in Cr. Misc. no.41084 of 2020 and dated 20.4.2022 passed in Cr. Misc. no.12992 of 2022.

4. As per the prosecution case, the petitioner is said to have given a spear blow on the husband of the informant, as a result of which he died in course of treatment.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He is in custody

Patna High Court CR. MISC. No.31047 of 2023(3) dt.28-06-2023 2/2 since 19.3.2020 and undertakes to cooperate in the trial.

6. Heard learned A.P.P for the State.

7. A report was called for from the learned trial Court. As per the report received contained in letter dated 15.5.2023, one witness has been examined on behalf of the prosecution.

8. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, who is said to be the assailant of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

9. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T