Tikar Manjhi @ Kamlesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42281 of 2023 Arising Out of PS. Case No.-662 Year-2022 Thana- DHANARUA District- Patna ====================================================== Tikar Manjhi @ Kamlesh Manjhi S/O Late Budhai Manjhi R/O VillageAnjani, P.S- Dhanarua, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Naresh Ray For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, on 05.11.2022 at about 4 P.M. when the father of the informant namely Ravindra Prasad had gone to demand his due money in the house of Ram Bhaju Manjhi, all the accused persons including the petitioner armed with Khanti and gun run towards him and assaulted him due to which which he sustained injury and succumbed to injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to village politics. There is general and omnibus allegation levelled against the

Patna High Court CR. MISC. No.42281 of 2023(3) dt.08-08-2023 2/2 petitioner and others. The specific allegation against co-accused namely Bithal Manjhi who assaulted with khanti on the head of father of the informant due to which he fell down. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated other accused namely Chhotu @ Manjhi @ Fauzi Manjhi has already been enlarged on bail by another coordinate Bench of this Court vide order dated 27.07.2023 passed in Cr. Misc. No.45435 of 2023. It is also submitted that petitioner has surrendered on 02.01.2023 and since then he is languishing in judicial custody.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dhanarua P.S. Case No.662 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Masaurhi, Patna.

(Sunil Kumar Panwar, J) lata/- U T