Rambhaju Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55810 of 2023 Arising Out of PS. Case No.-662 Year-2022 Thana- DHANARUA District- Patna ====================================================== Rambhaju Manjhi Son Of Late Lal Kishun Manjhi Resident Of Village Anjani Ps Dhanarua District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, when the father of the informant, namely, Ravindra Prased had gone to demand his due money in the house of Ram Bhaju Manjhi, all the accused persons including this petitioner armed with Khanti and gun run towards him and assaulted him due to which he sustained injuries and later on he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is further submitted that there is no specific overt act of assaulting

Patna High Court CR. MISC. No.55810 of 2023(2) dt.05-09-2023 2/2 against the petitioner rather general and omnibus allegation has been levelled against him. The specific allegation against coaccused, namely, Bithal Manjhi who assaulted with khanti on the head of the informant's father. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 08.08.2023 in Cr. Misc. No. 42281 of 2023. Moreover, the petitioner is languishing in judicial custody since 07.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhanarua P.S. Case No. 662 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Masaurhi at Patna. (Sunil Kumar Panwar, J) Shubham/- U T