Lakshman Manjhi Alias Laxuman Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48704 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Lakshman Manjhi alias Laxuman Manjhi, aged about 25 years, Gender-Male, Son Of Chandeshwar Manjhi, Resident Of Kerma Raghuram, P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Amit Kumar Jha, Advocate For the Opposite Party :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Kudani P.S. Case No. 51 of 2022 registered for the offence under Sections 302/34 of the I.P.C.

The prosecution case, in brief, is that on 20.01.2022, while the brother of the informant was returning home after

Patna High Court CR. MISC. No.48704 of 2022(2) dt.20-12-2022 2/3 meeting his sister in Chhapki, accused Dhruv Kumar Chaudhary @ Bittu Chaudhary, Ratan Manjhi, Arun Manjhi and other 5-7 unknown surrounded him and Dhruv Kumar Chaudhary assaulted repeatedly with the bamboo and other accused persons, namely, Arun Manjhi and Ratan Manjhi had caught him and assaulted him.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.02.2022. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the evidence against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in the present case on the basis of confessional statement of co-accused, namely, Om Prakash Manjhi. Except for confessional statement, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.48704 of 2022(2) dt.20-12-2022 3/3 satisfaction of learned A.C.J.M.-Ist (West Muzaffarpur), in connection with Kudani P.S. Case No. 51 of 2022. (Sudhir Singh, J) U.K./- U T