Sanjeet Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42621 of 2021 Arising Out of PS. Case No.-95 Year-2018 Thana- MANPUR District- Nalanda ====================================================== SANJEET MANJHI Son of Ramphal Manjhi Resident of Village - Alodiya Sarai, Musahari Tola, P.S.- Manpur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad, Advocate For the Opposite Party/s :

Nirmala Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in in a case instituted for offences under Section(s) 147, 148, 149, 448, 341, 323, 337, 338, 504 and 302 of the Indian Penal Code.

As per the FIR, that on the date of occurrence this petitioner along with other accused persons armed with bricksstone, lathi, stick arrived at the house of informant and started abusing. On protest, made by the father of informant, all the accused persons including this petitioner brutally assaulted him with stone, bricks, lathi etc. on account of which he died. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been

Patna High Court CR. MISC. No.42621 of 2021(2) dt.17-01-2022 2/2 alleged against the petitioner. He submits that the post-mortem report does not support the prosecution case as the doctor has not found any sign of external injury on the body of deceased. Cause of death has been opined due to hemorrhagic and neurogenic shock. Petitioner claims clean antecedent and he is in custody since 29.12.2020. Similarly situated co-accused have already been allowed bail by different benches of this Court vide para 12 of the bail petition.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is 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 the Additional Chief Judicial Magistrate V, Nalanda at Biharsharif in Manpur Police Station case no. 95 of 2018.

(Prabhat Kumar Singh, J) Shashi U T