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Patna High CourtCR. MISC./36316/2019bail rejected

Ram Balak Manjhi v. The State Of Bihar

2019-09-11Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36316 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- ATRI District- Gaya ====================================================== RAM BALAK MANJHI Son of Prayag Manjhi Resident of Village - Punar, P.S.- Atari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Atari P.S. Case No. 379 of 2018 registered under sections 302, 120(B), 34 of the I.P.C. and 27 of the Arms Act pending in the Court of A.C.J.M.-XIII, Gaya.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. He has no criminal antecedent. Further submission is that petitioner is in custody since 13.01.2019. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that there is direct allegation against the petitioner. On perusal of F.I.R. itself, it appears that petitioner along with others with intention

Patna High Court CR. MISC. No.36316 of 2019(3) dt.11-09-2019 2/2 to kill the deceased enticed him away from his house. Thereafter, the dead body of the deceased was found in the hill area. Hence, the petitioner does not deserve privilege of bail. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T