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Patna High CourtCR. MISC./44208/2022allowed

Jitendra Manjhi v. The State Of Bihar

2023-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44208 of 2022 Arising Out of PS. Case No.-200 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== Jitendra Manjhi Son Of Late Chhataki Manjhi @ Chotaki Manjhi Resident Of Village - Baraghat, P.S.- Fatehpur, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh For the Opposite Party/s :

Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Fatehpur P.S. Case No. 200 of 2021 registered under Sections 302, 34 of the Indian Penal Code.

Allegation against the petitioner is that he along with co-accused committed murder of his brother namely, Ranjit Manjhi by tying his neck from electric wire.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There were some scuffle going on between the deceased and his wife as a result of which this petitioner has falsely been implicated in this case. The name petitioner came into light on the basis of

Patna High Court CR. MISC. No.44208 of 2022(3) dt.09-01-2023 2/2 confession made by himself and wife of deceased, which has got no evidentiary value in the eye of law. It is further submitted that except confessional statement, nothing has been found against the petitioner rather the specific allegation is against wife of the deceased who is already in judicial custody. The petitioner has got no criminal antecedent. He is languishing in judicial custody since 24.6.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Fatehpur P.S. Case No. 200 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeXth, Gaya. (Sunil Kumar Panwar, J) shubham/- U T