Gagan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7776 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Gagan Manjhi, Son of Bhola Manjhi, Resident of Vill.- Bhelaipur, P.S.- Bhelaipur, P.S. Paroo, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Paroo P.S. Case No. 77 of 2017 registered under Section 147, 148, 149, 342, 323, 324, 307 & 302 of the Indian Penal Code.

As per the prosecution case, the petitioner along with five other accused persons are said to have committed murder of the uncle of the informant, namely, Navin Kumar Singh and injured his companion Sakindra Sahni over row of dashing the goat by the deceased from his motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court Cr.Misc. No.7776 of 2018 (03) dt.20-02-2018 - 2 - general and omnibus in nature. He has no concern with the aforesaid occurrence. Neither the informant nor anyone else is the eye witness of the occurrence. Moreover, the statement of Sakindra Sahni, who was companion of the deceased at the time of occurrence, has also not been recorded by the I.O. and the chargesheet has been submitted against the petitioner. The petitioner has clean antecedent. He has been languishing in custody since 17.04.2017. Similarly situated co-accused Pappu Manjhi and Gorakh Manjhi @ Ram Ashish Manjhi have been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 235 of 2018 vide order dated 07.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Paroo P.S. Case No.77/17.

(Prakash Chandra Jaiswal, J) Trivedi/- U T