Madan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61437 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- MAHKAR District- Gaya ====================================================== Madan Manjhi S/o- Nanhaku Manjhi Village- Alampur P S-Mahkar DistrictGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-01-2025 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 147, 148, 149, 448, 341, 323, 307, 302, 504, 506, 120B of the Indian Penal Code and Prevention of which, Dian Act.
3. The case of the prosecution is that on the date of occurrence at about 6 pm, on the allegation of witchcraft the petitioner along with other accused persons being armed with tangi, pasuli, khanti, iron rod, clubs and sticks, arrived at the door of the informant after that they entered into the house of the informant and started assaulting the informant with a view to kill him. The father of the informant namely, Jagdish Manjhi received grievous injuries on his person. After this, Jagdish
Patna High Court CR. MISC. No.61437 of 2024(4) dt.18-01-2025 2/3 Manjhi was closed in Anganwari Kendra by accused persons and the door was locked. Thereafter, the co-villagers unlocked the door of Anganwari and took him to Primary Health Centre for better treatment and after that he was referred to ANMCH, where he died on the way.
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. It is also submitted that the petitioner is old and altogether twelve named persons have been made accused. Moreover, the petitioner is in judicial custody since 01.04.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that from perusal of the postmortem report, it transpires that the deceased has received atleast a dozen anti mortem injuries. It is also alleged that the accused persons entered into the house of the deceased, assaulted him badly and after that he was locked in Anganwari Kendra so that medical assistance may not be provided to him. The gruesome manner in which the occurrence is committed itself reveals the seriousness of the offence.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as
Patna High Court CR. MISC. No.61437 of 2024(4) dt.18-01-2025 3/3 custody of the petitioner, this court is not inclined to enlarge the petitioner on bail.
7. Accordingly, the present bail application stands rejected.
(Ashok Kumar Pandey, J) Sudhanshu/- U T