Krishna Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40686 of 2019 Arising Out of PS. Case No.-291 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== KRISHNA MANJHI, aged about 52 years, Male, Son of Late Nagina Manjhi Resident of Village - Rani Saray, P.S.- Giriyak, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 05.08.2018 has filed the instant application for grant of bail in connection with Giriak P.S. Case No. 291 of 2018 (Sessions Trial No. 625 of 2018) registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

As per the allegation in the FIR, it is alleged by the informant that as a result of altercation between the petitioner and the informant's son the petitioner gave a lathi blow on his son's head as a result of which he became unconscious and died in hospital.

It is submitted by learned counsel for the petitioner that the allegations as narrated in the F.I.R. are false and

Patna High Court CR. MISC. No.40686 of 2019(3) dt.13-09-2019 2/2 concocted. The accused persons are close agnates and the deceased who was in a drunken state died as a result of scuffle with some other person. It is further submitted that even from the allegations made in the F.I.R., there is no repetition of blow nor there is any motive to kill.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that there is direct allegation against the petitioner of having given a lathi blow on the head of the son of the informant leading to his death, this Court is not inclined to grant bail to the petitioner and as such the petitioner's application for bail is rejected. The trial court is directed to expedite the trial in the case.

(Partha Sarthy, J) Bibhash/- U T