Patna High CourtCR. MISC./52185/2024bail granted

Chhote Manjhi @ Chhotu Manjhi v. The State Of Bihar

2024-10-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52185 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Chhote Manjhi @ Chhotu Manjhi Son of Bharat Manjhi Resident of Village - Mirganj, Balua Par, Ward No.3, P.S. - Mirganj, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachina, Adv.

For the Opposite Party/s :

Mr. Jawahar Choubey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and Mr. Jawahar Choubey, learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Mirganj P.S. Case No. 85 of 2024 instituted for the offences under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the petitioner is of stabbing the Informant's son with a knife in his stomach due to which he sustained grievous injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.52185 of 2024(3) dt.28-10-2024 2/3 alleged against him and has falsely been implicated in the present case. Both the parties are co-villagers and have some enmities between them due to which, the petitioner and his whole family members have falsely been implicated in this case. From the injury report, it appears that the injury caused by the Informant's son is simple in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 05.04.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner under Sections 341, 323, 324, 307, 307, 504, 34 of the I.P.C..

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is named in the F.I.R. and there is specific allegation against the petitioner of assaulting the Informant's son by knife.

6. Having considered the entire facts and circumstances of the case and taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent as also considering the nature of injury

Patna High Court CR. MISC. No.52185 of 2024(3) dt.28-10-2024 3/3 which is simple, let the petitioner, abovenamed, 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 below/concerned Court in connection with Mirganj P.S. Case No. 85 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T