Ramsevak Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40284 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== RAMSEVAK MANJHI Son of Late Gulab Manjhi Resident of Village - Ahirouli, P.S.- Buxar (Industrial), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Buxar (Industrial) P.S. Case No. 143 of 2021 for the offence registered under Sections 302/34 of the Indian Penal Code.

The informant has alleged that the petitioner alongwith other co-accused persons had assaulted the father-in-law of the informant resulting in his death, subsequently.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is

Patna High Court CR. MISC. No.40284 of 2022(3) dt.24-01-2023 2/3 having a clean antecedent and he is languishing in custody since 31.03.2022. The learned counsel for the petitioner has further submitted that similarly situated co-accused persons have already been granted bail by the co-ordinate Benches of this Court vide order dated 16.05.2022 passed in Criminal Miscellaneous No. 66174 of 2021 and vide order dated 16.08.2022 passed in Criminal Miscellaneous No. 13821 of 2022. Lastly, it is submitted that a bare perusal of the aforesaid orders passed by the co-ordinate Benches of this Court, granting bail to the accused persons would show that the post-mortem report does not show any ante mortem injuries to have been found on the person of the deceased.

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 considering the parity

Patna High Court CR. MISC. No.40284 of 2022(3) dt.24-01-2023 3/3 of the case of the petitioner with that of the coaccused persons who have already been granted bail by the co-ordinate Benches of this Court, 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 sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Buxar (Industrial) P.S. Case No. 143 of 2021.

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