Arjun Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38735 of 2020 Arising Out of PS. Case No.-661 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

ARJUN MANJHI Son of harendra Manjhi Resident of Village- Kharsal - 1, Mushari Tola, P.S.- Bettiah Muffasil, Distt.- West Champaran. 2.

Manjit Manjhi Son of Birbali Manjhi @ Bir Bahadur Manjhi Resident of Village- Kharsal - 1, Mushari Tola, P.S.- Bettiah Muffasil, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in connection with Bettiah Muffasil P.S. case No.661 of 2019 registered under Sections 302/201/34 of the Indian Penal Code. Allegation is that unknown persons committed murder of the brother of the informant and thrown his dead body in a ditch.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.38735 of 2020(2) dt.13-09-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are not named in the F.I.R. From perusal of the order of the Sessions court, it appears that the names of the petitioners have transpired in this case on confession made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. case No.661 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.38735 of 2020(2) dt.13-09-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T