Fulchan Manjhi @ Fulchand Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57347 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== Fulchan Manjhi @ Fulchand Manjhi Son Of Late Saukhi Manjhi R/O VillageBermi, P.S.- Warsaliganj, Dist.- Nawada At Present R/O Village- Katarpur, P.S.- Katrisarai, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

According to prosecution case, as per F.I.R. is that one Sanjay Manjhi filed his written report alleging therein that today on 01.05.2021 informant's father was at his house then accused Fulchan Manjhi came and started abusing and on prohibition accused person went to his house and having armed with iron rod assaulted his father by iron rod and his head resulting he sustained injury and for purpose of treatment he was taken away to hospital and in the way he died.

Patna High Court CR. MISC. No.57347 of 2021(3) dt.07-04-2022 2/2 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per F.I.R. the allegation against the petitioner that he has assaulted the father of the informant resulting sustain injury and during treatment the father of the informant was died. He further submits that it appears from the F.I.R. that there is no intention to kill the father of the informant. The petitioner is in custody since 11.01.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the allegation against the petitioner as alleged in the F.I.R. fully corroborate with the postmortem report of the deceased and the petitioner is the main assailant. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.Tr. No. 223 of 2021 arising out of Giriyak P.S. Case No. 136 of 2020 pending in the court of learned Assistant Sessions Judge-3, Nalanda at Biharsharif.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T