Chhotu @ Manjhi @ Fauzi Manjhi @ Chhote Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45435 of 2023 Arising Out of PS. Case No.-662 Year-2022 Thana- DHANARUA District- Patna ====================================================== CHHOTU @ MANJHI @ FAUZI MANJHI @ CHHOTE MANJHI, age 44 years, Male, SON OF BUDHAI MANJHI @ BUDHAY MANJHI RESIDENT OF VILLAGE- ANJALI, P.O-. BAURIHI, P.S. -DHANARUA, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sessions Trial No.257 of 2023 arising out of Dhanarua P.S. Case No. 662 of 2022 dated 06.11.2022 registered for the offence(s) punishable under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that though the petitioner is named in the F.I.R. but against him there is no specific allegation and even he is not alleged to have equipped with any type of weapon while other co-accused persons are alleged to be equipped with different kinds of weapons and as per the allegation the co-accused Bitthal Manjhi inflicted Khanti blow behind the head of the victim and as per inquest report of the

Patna High Court CR. MISC. No.45435 of 2023(2) dt.27-07-2023 2/2 deceased the said injury is stated to be the main cause of death of the victim and the same is attributed against co-accused Bitthal Manjhi. Further submissions are that against the petitioner, there is criminal antecedent of one case which was lodged under the Excise Act and he has been languishing in jail since 01.12.2022 and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that in the FIR, there is no specific allegation against this petitioner and against him, the investigation has been completed and he has been languishing in jail since 01.12.2022, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Sessions Trial No.257 of 2023 arising out of Dhanarua P.S. Case No. 662 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T