Krishandeo Manjhi @ Kishundev Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36436 of 2022 Arising Out of PS. Case No.-135 Year-2019 Thana- FATUA District- Patna ====================================================== KRISHANDEO MANJHI @ KISHUNDEV MANJHI SON OF BIRJI MANJHI Resident of Village- Bankipur, Machhariyawan, Police StationFatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Garg, Advocate Mr. Sanjiv Kr. Pathak, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 135 of 2019 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The allegation is regarding the brother of the informant having been killed by unknown persons.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in

Patna High Court CR. MISC. No.36436 of 2022(4) dt.30-01-2023 2/3 custody since 23.02.2022. The learned counsel for the petitioner has further submitted that there is no eye-witness to the alleged occurrence and the petitioner has been falsely implicated in the present case on account of earlier disputes existing in between the parties.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those contained in the case diary, this Court finds that there is minuscule evidence available on record so as to connect the petitioner with the alleged crime, apart from the fact that there is no eye-witness to the alleged occurrence, hence, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

Patna High Court CR. MISC. No.36436 of 2022(4) dt.30-01-2023 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Patna City in connection with Fatuha P.S. Case No. 135 of 2019.

(Mohit Kumar Shah, J) S.Sb/Saurav U T