Rajesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36957 of 2024 Arising Out of PS. Case No.-378 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== Rajesh Manjhi Son of Kaleshwar Manjhi Resident of Village - Kharhuwa Mushahari, Police Station - Khaira, District - Jamui. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 364/34 and 302 of the Indian Penal Code.

3. As per the prosecution case, on 08.10.2019 at about 9:00 PM Bodha Manjhi (deceased) was returning to his home from Gidhaur along with his brother and sister by tempo and when they reached near Kalali bridge, Bodha Manjhi was forcefully abducted by present petitioner along with his associates and was taken away towards Bahiyar beneath the bridge. The brother and sister of the deceased went to home and informed about the same to the informant and thereafter Bodha Manjhi was searched but all in vain. The nephew of informant

Patna High Court CR. MISC. No.36957 of 2024(2) dt.23-08-2024 2/3 namely Roman Manjhi called co-accused Kaila Paswan, who informed that Bodha Manhi was murdered and thrown in Gidhaur Dam.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Informant is not eye witness of the occurrence. Petitioner and his family members have been implicated in this case on the ground that there was enmity between the petitioner's family and the deceased. Brother of petitioner had filed Complaint Case No. 883 of 2019 dated 20.6.2019 against the deceased and others. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 25.8.2023. Several co-accused, with similar allegation, have already been allowed regular bail by this Court vide paragraphs 10 and 11 of the bail petition.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge V, Jamui in

Patna High Court CR. MISC. No.36957 of 2024(2) dt.23-08-2024 3/3 Laxmipur (Gidhor) Police Station Case No. 378 of 2019. (Prabhat Kumar Singh, J) Shashi U T