Rajesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36047 of 2022 Arising Out of PS. Case No.-80 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== Rajesh Manjhi son of Pannalal Manjhi Resident of village- Murli Pakariya, P.S.- Chhauradano, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 80 of 2021 lodged under Sections 147, 148, 149, 341, 323, 448, 379, 302, 504, 506 of the I.P.C. As per the prosecution case, there is a specific allegation against 6 accused persons to kill the victim by strangulating his neck.

The general and omnibus allegation against the present petitioner along with the one another accuse is that they strangulated the neck of the victim due to which she died.

Patna High Court CR. MISC. No.36047 of 2022(2) dt.20-09-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel has attached the post-mortem report as Annexure-2 in this case where strangulation has not been shown as cause of death. Learned counsel for the petitioner further submits that petitioner is in custody since 30.04.2022 having clean antecedent, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions-10th, East Champaran, Motihari in connection with Chhauradano P.S. Case No. 80 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.36047 of 2022(2) dt.20-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T