Manohar Rajwar @ Manohar Rajvanshi @ Manohar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33630 of 2020 Arising Out of PS. Case No.-34 Year-2019 Thana- RAMPUR CHAURAM DistrictJehanabad ====================================================== MANOHAR RAJWAR @ MANOHAR RAJVANSHI @ MANOHAR KUMAR Son of Mungeshwar Rajwar @ Mungeshwar Rajvanshi Resident of Village Mahadev Bigha (Sumera), P.S. Parasi, District - Arwal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. Prosecution case, in short, is that unknown persons caused death of the son of the informant by pressing his neck.

Patna High Court CR. MISC. No.33630 of 2020(2) dt.15-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.04.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. His name has come in course of investigation merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of lower court below (Arwal), Jehanabad in connection with Rampur Chauram P.S. case No.34 of 2019.

Narendra/- (Sudhir Singh, J) U T