Shatrughan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37826 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== 1.

SHATRUGHAN MANJHI son of Baliram Manjhi Resident of Village- Cahk Abdul Wahid, Khopi, P.S.- Jandaha, District- Vaishali 2.

Prabhu Manjhi son of Bhagat Manjhi Resident of Village- Cahk Abdul Wahid, Khopi, P.S.- Jandaha, District- Vaishali 3.

Ramnath Manjhi son of Baliram Manjhi Resident of Village- Cahk Abdul Wahid, Khopi, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr. Umesh Lal Verma, APP For the informant : Mr. Awadhesh Prasad Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 149, 323, 325, 337, 302 of the Indian Penal Code. Allegedly, all the accused persons attacked the informant's father by means of lathi-danda, farsa, piece of bricks and iron rod as a result of which, the informant's father sustained grievous injuries. When one Navin Kumar came to save the informant's father, he was also attacked as a result of which, he sustained injury. The informant's father was brought

Patna High Court CR. MISC. No.37826 of 2020(3) dt.22-03-2021 2/3 to hospital where he died in course of treatment. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioner No. 1 is in custody since 04-062020 whereas petitioner Nos. 2 & 3 are in custody since 22-052020. Charge sheet/Prosecution report in this case has already been submitted. The informant is not eye witness to the alleged occurrence. There is case and counter case between the parties. In a spur of moment, the alleged occurrence is said to have taken place.

On behalf of the State and the informant, it has been submitted that the petitioners are named in the FIR. There is specific allegation against all the three petitioners of assaulting the deceased. The postmortem report corroborates the allegation made in the FIR.

Considering the nature of accusation, I am not inclined to release the petitioners on bail. Accordingly, prayer for bail of the petitioners in connection with Jandaha P.S. Case No. 63 of 2018 is rejected.

Learned trial court is directed to take all necessary

Patna High Court CR. MISC. No.37826 of 2020(3) dt.22-03-2021 3/3 steps to conclude the same preferably within a period of nine months from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T