Patna High CourtCR. MISC./40465/2023bail granted

Hira Ratan Manjhi v. The State Of Bihar

2024-01-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40465 of 2023 Arising Out of PS. Case No.-259 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Hira Ratan Manjhi S/O- Somaru Manjhi Village- Magaidih Ps- Chapra Muffassil Dist- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nivedita Nirvikar, Sr. Adv.

Mr. Prabhakar Thakur, Adv.

Ms. Shashi Priya, Adv.

Mr. S.K. Choudhary, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he has killed the younger brother of the informant by pressing his neck.

4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.40465 of 2023(6) dt.29-01-2024 2/2 She submits that the postmortem report and the viscera report have not supported the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the postmortem report and the viscera report has not supported the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chapra Muffassil P.S. Case No. 259 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T