Patna High CourtCR. MISC./43363/2016bail granted

Kaliya Manjhi v. The State Of Bihar

2016-10-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.43363 of 2016 (3) dt.24-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43363 of 2016 Arising Out of PS.Case No. -200 Year- 2015 Thana -BELHAR District- BANKA ======================================================

1. Kaliya Manjhi Son of Late Kashiya Manjhi, resident of Village Dumariya (Mushari) P.S. Belhar, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Kumar Singh For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 24.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 302, 201/34 of the Indian Penal Code.

Petitioner is in jail custody since 4.2.2016 on the accusation that he along with some others took the deceased from his house and subsequently, dead body of the deceased was found lying in a field. The motive behind the alleged occurrence is said to be previous enmity between the petitioner and the deceased. Submission on behalf of the petitioner is that the petitioner has been implicated in this case on account of previous enmity and no one had seen the actual killing of the deceased. It is further submitted that even if the prosecution story assumed to be true, then also, it is only case of last seen and investigation against the petitioner has already been completed.

Patna High Court Cr.Misc. No.43363 of 2016 (3) dt.24-10-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the F.T.C- I, Banka in Sessions Trial no. 132/2016 arising out of Belhar P.S. Case no. 200/2015. shahid (Hemant Kumar Srivastava,J) U T