Patna High CourtCR. MISC./42807/2024bail granted

Lakeshwar Manjhi v. The State Of Bihar

2024-07-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42807 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Lakeshwar Manjhi SON OF Late Karoo Manjhi Village- Horma PS -Khizarsarai Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Sharma, Adv.

For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Khizersarai P.S. Case No. 279 of 2023, lodged on 17.07.2023 under Sections 302, 201, 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against 8 named accused persons including the present petitioner with an allegation that all the accused persons in connivance with each other have killed the father of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the allegation made in the FIR, it becomes very much clear that only on suspicion, the present case has been filed. Counsel further submits that the present FIR has been lodged after delay of about 17 days. Counsel submits

Patna High Court CR. MISC. No.42807 of 2024(2) dt.20-07-2024 2/2 that the prosecution story is otherwise, but with a view to make the petitioner accused in this case, the story has been framed after delay of 17 days of the occurrence.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 08.10.2023. Counsel further submits that other accused persons have been granted bail by this Court vide order dated 16.04.2024 passed in Cr. Misc. No.5435 of 2024.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is a case of circumstantial evidence.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-XV, Gaya in connection with Khizersarai P.S. Case No. 279 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T