Muso Manjhi @ Mouso Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44233 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- AMARPUR District- Banka ====================================================== Muso Manjhi @ Mouso Manjhi Son of Late Bocho Manjhi Resident of Village- Ballikitta, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Informant :

Mr. Balram Kapri, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 106 of 2021 instituted for the offences under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 24.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that it was Bihari Manjhi who assaulted the deceased by spade as consequences of which he died and as far as this petitioner is concerned, it is alleged that he and Vijay caught the

Patna High Court CR. MISC. No.44233 of 2021(2) dt.14-12-2021 2/3 deceased when Bihari Manjhi assaulted.

Learned counsel for the petitioner submits that no overt act has been alleged against this petitioner and it is alleged that he had caught hold of the deceased when Bihari Manjhi assaulted by spade.

Learned counsel for the informant vehemently opposes the prayer for regular bail of the petitioner and submits that had this petitioner not caught the deceased then Bihari Manjhi might not have been able to assault him with spade on which the learned counsel for the petitioner submits that it is difficult to believe that the petitioner would have caught the deceased for the reason that the petitioner himself might have been hit by the spade.

Learned A.P.P. for the State also vehemently opposes the prayer for regular bail of the petitioner. Considering the fact that the petitioner is in custody since 24.02.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent and no overt act has been alleged against the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.44233 of 2021(2) dt.14-12-2021 3/3 Magistrate, Banka in connection with Amarpur P.S. Case No. 106 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T