Bharat Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46445 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- DHANARUA District- Patna ====================================================== Bharat Manjhi S/o Ramji Manjhi R/o Village- Dariyapur, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dhanarua PS case no. 96 of 2019 instituted for the offences punishable under Sections 302 of Indian Penal Code and 27 of Arms Act.

The allegation is regarding firing made by unknown person at the time of marriage celebration, when ceremony of Jaimala was taking place, resulting in infliction of gun shot injuries on the wife of the informant which led to her death.

The learned counsel for the petitioner submits that a bare perusal of the FIR would show that at best, the present case can be said to be a case of accidental firing,

Patna High Court CR. MISC. No.46445 of 2019(3) dt.27-09-2019 2/2 however there is no eye-witness to the said occurrence and moreover, the petitioner has not been named in the FIR. The petitioner is stated to be having clean antecedent and is languishing in custody since 12.03.2019. Lastly, it is submitted that there is admittedly no motive attributable to the petitioner for the alleged killing the wife of the informant. The learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st class, Masaurhi in connection with Dhanarua PS case no. 96 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T