Ramashish Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50059 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- MANPUR District- Nalanda ====================================================== Ramashish Manjhi Son Of Masudan Manjhi Village- Vishnupur (Korimari) P.S -Manpur District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Manpur P.S. Case No. 172 of 2023 instituted for the offences under Sections 188, 302/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35, 27 and 25(9) of the Arms Act. 3.
Prosecution case, in short, is that on 10.09.2023, the cousin brother of the informant organized a function and invited friends and family members. It is further alleged that Shukar Manjhi @ Arun Manjhi made celebratory firing from his pistol which hit on the head of the informant, as a result of which he died.
4.
Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.50059 of 2024(2) dt.19-07-2024 2/3 the petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner and the allegation against the petitioner is general and omnibus in nature. Learned counsel further submitted that specific allegation of celebratory firing has been made against coaccused Shukar Manjhi @ Arun Manjhi. Learned counsel further submitted that petitioner has falsely been implicated by the informant on the ground of mere suspicion as the petitioner was also present in the said invitation/celebration. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.12.2023 and has no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 19-06-2024, passed in Cr. Misc. No. 41651 of 2024. 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, clean antecedent of the petitioner as also the period of custody undergone by the petitioner and claim based on parity, 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 the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.50059 of 2024(2) dt.19-07-2024 3/3 below/concerned Court in connection with Manpur P.S. Case No. 172 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T