Dilip Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6133 of 2021 Arising Out of PS. Case No.-357 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== DILIP MANJHI Son of Ratan Manjhi Resident of Village - Radhebigha, P.S.- Rajauli, Distt.- Nawadah.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.
The petitioner seeks regular bail in connection with Rajauli Police Station Case No. 357 of 2019, registered for the offences punishable under Sections 302/201/120-B/34 of the Indian Penal Code.
The allegation, as per the First Information Report, is that the petitioner, along with other cop-accused persons, fourteen in numbers, have killed the son of the informant. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics inasmuch as it has been alleged that the dead body of the deceased has been recovered on the basis of confessional
Patna High Court CR. MISC. No.6133 of 2021(2) dt.05-04-2021 2/3 statement of the co-accused on 04.10.2019; whereas, no First Information Report was lodged on that very day, rather the First Information Report was lodged on 05.10.2019 and after recovery of the dead body, postmortem was conducted on 06.10.2019. He further submits that co-accused persons, in their confessional statements, have disclosed that during preparation of illicit liquor, the son of the informant had sustained burn injury and others co-accused persons have allegedly thrown his dead body in the dam after putting the same in a jute bag. He next submits that when the dead body of the deceased was recovered, there was no sign of any external injury as it also appears from the inquest report.
He also submits that similarly situated co-accused, Babulal Manjhi, has been granted bail by this Court, vide order, dated 23.03.2021, passed in Criminal Misc. No. 40146 of 2020. He further submits that petitioner is in custody since 06.10.2019, having no criminal antecedent. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that similarly situated co-accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
This application is allowed.
Patna High Court CR. MISC. No.6133 of 2021(2) dt.05-04-2021 3/3 Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Rajauli Police Station Case No. 357 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √