Chhotu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67585 of 2021 Arising Out of PS. Case No.-238 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== CHHOTU MANJHI Son of Gorakh Manjhi Resident of Village - Shivnandanpur masdi, P.S.- sultanganj, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Ms. Pallavi Pandey For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 147, 148 and 149 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated by the informant that she received information from the elder brother of her husband that her son had sustained gun shot injury. It transpired that he had been killed by the seven named accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.67585 of 2021(2) dt.27-04-2022 2/3 that from the contents of the FIR itself, it would transpire that the informant is not an eye witness to the occurrence. The allegation are general and omnibus in nature. Co-accused, Mohan Yadav, Krishna Yadav and Nage Manjhi have been enlarged on bail vide orders which are Annexure-2 series to this petition. The petitioner is in custody since 20.09.2019 and has no criminal antecedent. He undertakes to cooperate in the trial.

Heard learned APP for the State.

Having heard learned counsel for the parities and taking into consideration the facts of the case, allegations against the petitioner being general and omnibus in nature, grant of bail to the co-accused and the petitioner having remained in custody for more than 2 years, the petitioner above-named, is directed to be enlarged on bail in connection with Sessions Trial No. 199 of 2020 (arising out of Sultanganj P.S. Case No. 238 of 2019) on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-XII, Bhagalpur.

In view of the fact that the trial has commenced in the learned trial Court, it is directed that the petitioner shall

Patna High Court CR. MISC. No.67585 of 2021(2) dt.27-04-2022 3/3 cooperate in the trial and shall remain physically present on each date in the trial.

(Partha Sarthy, J) sanjeev/- U T