Chhotu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34215 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Chhotu Manjhi S/O Krishna Manjhi Resident of Shyam Cinema Road, Purani More, Gopalganj, P.S. Gopalganj- Town, District Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 23 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. As per prosecution case, the Informant, after participating in the programme organized by one Prashant Kishore, was returning on Scorpio vehicle bearing Registration No. BR11PA5580 to Motihari. While returning, he was intercepted by four unknown miscreants riding on an Innova car. They got him off the Scorpio vehicle, slapped him and fled away with the Scorpio vehicle. It is alleged by the Informant that there was a mobile and a laptop in the Scorpio.

Patna High Court CR. MISC. No.34215 of 2024(2) dt.06-05-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his named has surfaced in this case only on the basis of confessional statement of the co-accused. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has altogether seven criminal antecedents and has been remanded in this case on 11.05.2023. Charge-sheet has been submitted in this case.

5. Learned counsel for the petitioner further submits that the co-accused Rahul Kumar Singh and Sharma Singh @ Samar Singh have already been granted bail by this Court vide order dated 20.12.2023 passed in Cr. Misc. No. 80566 of 2023.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the co-accused having been granted bail by this Court, let the petitioner, abovenamed, be released on bail, on furnishing

Patna High Court CR. MISC. No.34215 of 2024(2) dt.06-05-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manjhagarh P.S. Case No. 23 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T