Jhigan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38041 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- HISUWA District- Nawada ====================================================== Jhigan Manjhi, aged about 32 years, Male, Son of Late Shankar Manjhi, Resident of Village- Eknar, P.S- Hisua, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hisua P.S. Case No. 478 of 2023 instituted for the offences punishable under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code.

3. As per the prosecution case, it is a case of assault upon the father of the informant by means of an Axe (Tangi) by the accused persons including the petitioner due to which he succumbed to the injury and died.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case. He further submits that some

Patna High Court CR. MISC. No.38041 of 2024(3) dt.01-08-2024 2/3 altercation took place due to grazing of the vegetable filed of the petitioner by the cow of sister of the informant. He next submits that there is no any cogent and legal evidence against the petitioner and merely on the basis of suspicion the petitioner is implicated in this case. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 28.08.2023

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

6. From perusal of the FIR, case diary, postmortem report and also perused the impugned order dated 11.12.2023 passed by the learned District and Sessions Judge, Nawada, it appears that all the FIR named accused persons are from same family and the specific allegation made against the petitioner that he assaulted the father of the informant by means of Axe (Tangi) due to which he succumbed to injury and died. From perusal of the case diary at paras 24 and 25 the eye witnesses of the occurrence has supported the version in the FIR and in paras 65, 66 and 70 also supported the version in the FIR. From perusal of the postmortem report, it is clear that the death has been caused by shock due to haemorrhage caused by fractured of occipital and left temporal bone.

7. Considering the brazen conduct of the petitioner

Patna High Court CR. MISC. No.38041 of 2024(3) dt.01-08-2024 3/3 and specific allegation of assault and gravity of offence, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Anand Kr.

U T