Subash Manjhi @ Subash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33284 of 2023 Arising Out of PS. Case No.-310 Year-2019 Thana- PIPRA District- East Champaran ====================================================== SUBASH MANJHI @ SUBASH KUMAR son of Sheo Charan Manjhi Village- Banjariya Bairiya Ps- Pipra Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302 of the Indian Penal Code.

As per written report of informant chowkidar 2/9 Jamuna Ram, prosecution story in brief is that he received information that one unknown person is being beaten by people near Budhi river. On that information the informant reached and saw a lot of people gathered and assaulted an unknown person knowing child thief and after some times he died. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. FIR has been registered against unknown. The name of the petitioner has been added in this case mere on suspicion as

Patna High Court CR. MISC. No.33284 of 2023(3) dt.24-06-2023 2/2 in a video clip, he was seen at the time and place of occurrence. He was simple a member of the mob. No specific overtact has been alleged against the petitioner. There is no consistent evidence in support of complicity of this petitioner. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 13.4.2022 passed in Cr. Misc. No. 42377 of 2021. Petitioner has got no criminal antecedent and languishing in judicial custody since 24.1.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, Motihari, East Champaran in connection with Pipra P.S. Case No. 310 of 2019.

(Sunil Kumar Panwar, J) sushma/- U