Bilock Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.12306 of 2016 (3) dt.04-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12306 of 2016 Arising Out of PS.Case No. -343 Year- 2015 Thana -FATEHPUR District- GAYA ======================================================

1. Bilock Manjhi Son of Late Baleshwar Manjhi, resident of Village Manpur, P.S. Fatehpur, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Nandan, Advocate For the Opposite Party/s : Mr. M. Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Fatehpur P.S. Case No. 343 of 2015 registered for the offences punishable under Sections 341, 323, 447, 307 and 504/34 of the Indian Penal Code and later on Section 302 IPC has been added. Allegedly, the petitioner and co-accused Ajay Manjhi called the informant and asked as to why he has finished his niece and then both brought the informant at road and started assaulting him with feet and fat after throwing him on the road, resulting the informant became un-conscious and in the morning he was brought at police station with his wife, during treatment the informant succumbed to the injuries.

Patna High Court Cr.Misc. No.12306 of 2016 (3) dt.04-05-2016 Submission is of false implication and that there is no specific allegation against the petitioner, as a matter of fact the informant was habitual drinker and he met with an accident under the influence of wine and taking advantage the petitioner has been implicated, the petitioner has got no criminal antecedent and he is suffering in custody since 04.11.2015 to which the learned APP opposes by submitting that the informant in his further statement has also supported the allegation and further the doctor has also found corresponding injury and cause of death is due to head injury.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, at present, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Fatehpur P.S. Case No. 343 of 2015 pending in the Court of learned ACJM-X, Gaya.

However, let the trial be expedited and concluded, preferably within nine months after receipt or production of a copy of this order, failing which the petitioner, if at no fault, may renew his prayer for bail.

(Jitendra Mohan Sharma, J) sushma/- U T