Ravindra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37337 of 2023 Arising Out of PS. Case No.-239 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Ravindra Manjhi Son Of Kame Manjhi Resident Of Village-Hawasa Tulsi Dih, Police Station- Ashok Paper Mill (APM), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 365 of the Indian Penal Code. Later on, charge-sheet has been submitted against the petitioner under Sections 302, 201 of the Indian Penal Code.

It is a case of commission of murder of the father of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.37337 of 2023(3) dt.05-09-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R but during investigation one Umesh Sada disclosed that on the alleged date of occurrence, the petitioner was seen with the deceased. The petitioner has been made accused on his self confession before the police, which has no evidentiary value in the eye of law and if the self statement of the petitioner is taken to be true, the petitioner had no intention to kill the deceased as he just pushed the deceased while he was abusing to the petitioner and as he was an old age person, he fell on the ground and died. The petitioner is languishing in custody since 01.01.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he pushed the deceased, as a result of which, he died on the spot. The petitioner

Patna High Court CR. MISC. No.37337 of 2023(3) dt.05-09-2023 3/3 confessed his guilt and his confessional statement is in para 49 of the case diary and thereafter on the identification of the petitioner, the dead body of the father of the informant was recovered which is apparent from para 51 of the case diary. The postmortem report as well as the independent witness has also supported the case of the prosecution.

Considering the fact that there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

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