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Patna High CourtCR. MISC./50943/2021bail granted

Shrwan Manjhi v. The State Of Bihar

2022-05-09Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50943 of 2021 Arising Out of PS. Case No.-759 Year-2019 Thana- MASAUDHI District- Patna ====================================================== SHRWAN MANJHI Son of Late Chuni Manjhi Resident of Village - Bhimpura, P.S.- Masaurhi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2022 Heard Mr. Satish Chandra, learned counsel for the petitioner and Mr. Amit Kumar Rakesh, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Masaurhi PS Case No. 759/2019 registered for the offence punishable under Sections 302, 120(B)/34 of the IPC. As per First Information Report, the husband of the informant left his house at about 10:30 PM and did not return. Upon search, the dead body of the informant's husband was found lying in a mango orchard in the morning. Learned counsel for the petitioner submits that the informant has raised suspicion against one Sugiya Devi with whom the deceased was having illicit relationship. He further submits that the petitioner is not named in the FIR and his name has transpired on the basis of re-statement of the informant

Patna High Court CR. MISC. No.50943 of 2021(3) dt.09-05-2022 2/3 recorded by the police during course of investigation in which the informant has raised suspicion against the petitioner and other accused persons. He next submits that the petitioner is not the husband of Sugiya Devi rather he is a co-villager having no concern with the present offence. During course of investigation, no cogent material has come against this petitioner to connect him with the present case and similarly situated co-accused persons have been granted bail by a Coordinate Benches of this Court vide Cr. Misc. Nos. 35988/2020 and 38327/2020.

It is next submitted that petitioner having no criminal antecedent is in custody since 25.12.2020 and the charge-sheet has been submitted in the matter.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has been implicated in the present case on the basis of suspicion, similarly situated co-accused persons have been granted bail by a Co-ordinate Benches of this Court, petitioner having no criminal antecedent is in custody since 25.12.2020 and the charge-sheet has been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SHRWAN MANJHI

Patna High Court CR. MISC. No.50943 of 2021(3) dt.09-05-2022 3/3 be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi PS Case No. 759/2019.

(Anil Kumar Sinha, J) perwez U T