Kaushlendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39605 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== Kaushlendra Manjhi S/o Late Babu Ram Manjhi Resident of VillageIsmailpur, P.S.- Ghosi, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 302/34 of the I.P.C. Prosecution case, in brief, is that on 01.02.2019, the informant came to know that dead body of his father is lying in village Ismailpur and has been killed after pressing his neck. It is further alleged that the petitioner along with co-accused Teni Manjhi called his father and took him to Biharsharif for carrying boring machine and further alleged that all of them consumed wine and killed him.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to previous enmity as the petitioner was posted as Tola Sevak in his village Ismailpur. It has further been submitted that victim had died due to over drinking of wine. It has further been

Patna High Court CR. MISC. No.39605 of 2019(7) dt.19-02-2020 2/2 submitted that injury has not been found on the dead body of the victim and opinion regarding death of victim has kept reserved. Considering the aforesaid facts and circumstances as well as nature of accusation and in view of the opinion of medical report and during medication examination, administration of poison has not found by the doctor, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 30 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T