Manoj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37161 of 2025 Arising Out of PS. Case No.-68 Year-2023 Thana- GURUA District- Gaya ====================================================== Manoj Manjhi S/O Late Neman Manjhi R/O Village- Guneri, P.S- Gurua, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and Mr. Manoj Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

3. The case of the prosecution is that the informant was living with the petitioner after the death of her husband. It is alleged that the petitioner has taken away father of the informant for treatment of his eye. She came to know that petitioner has killed her father by pressing his neck.

4. Learned counsel for the petitioner has submitted that from perusal of the FIR it is clear that the informant is not the eye-witness and from perusal of the case diary it also transpires that it is not clear as to who has informed the informant regarding the indulgence of this petitioner in the occurrence. All the witnesses who have been examined during

Patna High Court CR. MISC. No.37161 of 2025(4) dt.01-09-2025 2/2 investigation, they have said that they heard that the petitioner has killed the father of the informant. There is no any substantive material against the petitioner. Learned counsel further submits that stage of trial has also been called from the learned trial court but from perusal of the report of the trial court it is clear that the trial is pending for prosecution witnesses. No witness has been examined till date. The petitioner is having clean antecedent and is in judicial custody since 13.02.2023.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sessions Trial No. 831 of 2023/ 1514 of 2023 arising out of Gurua P.S. Case No. 68 of 2023 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ- 1st Sherghati at Gaya. (Ashok Kumar Pandey, J) durgesh/- U T