Patna High CourtCR. MISC./16271/2016bail granted

Ramchandra Manjhi And ORS v. The State Of Bihar

2016-04-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16271 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -ALIPUR District- GAYA ======================================================

1. Ramchandra Manjhi

2. Lakhan Manjhi

3. Sita Ram Manjhi

4. Suresh Manjhi All petitioner no. 1 to 4 are sons of Late Yadu Manjhi Resident of village- Bhairwa P.S.- Alipur, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 302, 328/34 of the Indian Penal Code.

According to prosecution case itself, it was coaccused, Radhika Devi, who provided liquor to deceased and after that petitioners are said to have forcibly got administered poisonous liquor to the deceased as a result of which deceased died.

Submission on behalf of the petitioners is that

Patna High Court Cr.Misc. No.16271 of 2016 (2) dt.26-04-2016 2/2 according to prosecution case itself, the deceased took liquor from the shop of Radhika Devi and as a matter of fact, when deceased took liquor from the shop of Radhika Devi, his condition started deteriorating and after that deceased died but informant implicated the petitioners on account of enmity. Moreover, investigation of the present case has already been completed and the doctor could not give exact cause of death of the deceased in want of FSL report.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Alipur P.S. Case No. 78 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T