Manjhla Hambram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31801 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Manjhla Hambram s/o of Baltu Hambram Resident of Village Manjra Milik Pradhan Tola, Ward No. 10, Police Station K. Nagar (Maranga), DistrictPurnia 2.

Siko Hambram s/o Baltu Hambram Resident of Village Manjra Milik Pradhan Tola, Ward No. 10, Police Station K. Nagar (Maranga), DistrictPurnia 3.

Chotka Hamabram son of Baltu Hambram Resident of Village Manjra Milik Pradhan Tola, Ward No. 10, Police Station K. Nagar (Maranga), DistrictPurnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with Krityanand Nagar (Maranga) P.S. Case No. 139 of 2022 registered for the offence under Section 302/34 of the Indian Penal Code.

The accused/petitioners are named in the F.I.R. and are in custody since 16.03.2022.

The allegation against the petitioners is to commit murder of sister of informant alongwith other co-accused

Patna High Court CR. MISC. No.31801 of 2023(2) dt.21-06-2023 2/3 persons, where occurrence is arises out of dispute related with transactions of money and grain.

Learned counsel appearing on behalf of the petitioners submitted that petitioners implicated falsely as the informant is not the eye witness of the occurrence and entire narration is based upon the hearsay input as it received from one Dilip Kisku. It is submitted that allegation of assault is appearing very much general and omnibus against these petitioners. It is submitted that similarly situated co-accused persons, namely, Dhena Hembram and Anil Hembram have already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 34462 of 2022 vide order dated 13.02.2023. While concluding the argument, it has been submitted that both petitioners are men of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as the basis of F.I.R. is the hearsay input where allegation as regard to assault is appearing very much general and omnibus coupled with the fact that charge-sheet has been submitted,

Patna High Court CR. MISC. No.31801 of 2023(2) dt.21-06-2023 3/3 where both petitioners are in custody since 16.03.2022 accordingly, both the petitioners, above named, are directed to be released on bail in connection with Krityanand Nagar (Maranga) P.S. Case No. 139 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) pooja/- U T