Ramesh Manjhi @ Ramesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47919 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- AMAS District- Gaya ====================================================== RAMESH MANJHI @ RAMESH MANDAL SON OF LAGA MANDAL @ NAGA MANDAL VILLAGE- CHITAB KHURD, P.S.- AMAS, DISTT.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Amas P.S. Case No. 276 of 2023 instituted for the offences under Sections 302 of the Indian Penal Code.

3. Prosecution case, in short, is that, when the informant was in the agricultural field, he received information that his elder brother was being assaulted by his neighbour Ramesh Manjhi (petitioner). On this information, informant reached the place of occurrence and found the dead body of his brother lying there. The villagers informed the informant that his brother was done to death by the petitioner by pressing his neck.

Patna High Court CR. MISC. No.47919 of 2024(3) dt.18-09-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that the entire allegation against the petitioner is based on hearsay evidence and, in fact, there is not a single eye-witness to the occurrence. Learned counsel also submitted that statements of four witnesses have been recorded but none of them claimed to be eye-witnesses. Learned counsel further submitted that, as per the FIR, the death of deceased has been caused by pressing her neck and assault by fists and slaps but the same is falsified by the inquest report as incorporated in paragraph-2 of the case diary. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.07.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no any specific material against the petitioner to establish his involvement in the alleged occurrence, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.47919 of 2024(3) dt.18-09-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Amas P.S. Case No. 276 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(Rudra Prakash Mishra, J) Alok Verma/- U T