Sudhir Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43999 of 2025 Arising Out of PS. Case No.-128 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Sudhir Manjhi S/O Bihari Manjhi R/O Vill.- Ahaladpur, P.s.- Kanti, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 409/2024 arising out of Kanti P.S. Case No. 128/2023 dated 17.02.2023 registered for the offence punishable u/s 302 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's sister, Babita Devi had married Ajit Manjhi and later, she deserted him and married Sudhir Manjhi. The allegation is that the wife of Sudhir Manjhi namely Komal Devi along with the petitioner and co-accused persons in connivance with one another are alleged to have killed the informant's sister.

Patna High Court CR. MISC. No.43999 of 2025(2) dt.23-07-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is a delay of 5 days in lodging the F.I.R. There is general and omnibus allegation against the petitioner. The informant is not the eye witness to the alleged occurrence as he was in Punjab. Learned counsel has submitted that the petitioner is the second husband of the deceased. The other co-accused person has already been granted anticipatory bail by the Co-ordinate Bench vide order dated 19.03.2024 passed in Cr. Misc. No. 77820/2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.04.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per the postmortem report, the cause of death is due to asphyxia caused by hanging.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.43999 of 2025(2) dt.23-07-2025 3/3 concerned, Muzaffarpur in connection with Sessions Trial No. 409/2024 arising out of Kanti P.S. Case No. 128/2023, with the condition;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T