Dharmendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32056 of 2023 Arising Out of PS. Case No.-459 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== DHARMENDRA MANJHI S/o- LATE BHULAN MAJHI VillageDamodarpur Dumri Ps- Kurhani Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Kudhani Police Station Case No. 459 of 2020, dated 24.07.2020, disclosing offences under Sections 302/34 of the Indian Penal Code.

The prosecution case, on the basis of First Information Report, is that the petitioner along with two other co-accused persons have allegedly assaulted the husband of the informant with lathi, danda and fist due to which he sustained injury and subsequently died during the course of treatment. Learned counsel for the petitioner submits that there is a delay of two days in lodging First Information Report inasmuch as occurrence has taken place on 22.07.2020, but the First Information Report has been lodged on 24.07.2020. He

Patna High Court CR. MISC. No.32056 of 2023(2) dt.05-07-2023 2/2 further submits that both the parties are agnate and co-sharer and no serious external injury has been found on the deceased, namely, Ravindra Majhi. He next submits that the similarly situated co-accused persons have been granted bail by a Coordinate Bench of this Court in Criminal Misc. No. 28905 of 2021 and the petitioner is in custody since 04.08.2022. Regards being had to the submissions made by the parties and taking into consideration the fact that other similarly situated co-accused persons have been granted bail by a Coordinate Bench of this Court and the petitioner is in custody since 04.08.2022, accordingly, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional Chief Judicial Magistrate-I, West Muzaffarpur in connection with Kudhani Police Station Case No. 459 of 2020.

(Anil Kumar Sinha, J) ashwani/- U √ T √