Shukar Manjhi @ Arun Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61250 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- MANPUR District- Nalanda ====================================================== Shukar Manjhi @ Arun Manjhi Son of Bilayti Manjhi Resident of Makdumpur, Tarapar, PS- Manpur, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmanand Prasad, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Manpur P.S. Case No. 172 of 2023 instituted for the offence under Sections 188, 302/34 of the Indian Penal Code and Sections 25(1-B)a, 26, 35, 27 & 25(9) of the Arms Act. 3.

Prosecution case in short is that on 10-09-2023, the cousin brother of the informant organized a function and invited friends and family members. It is further alleged that petitioner made celebratory firing from his pistol which hit on the head of the informant's son, as a result of which he died. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-09-2023. Petitioner is a

Patna High Court CR. MISC. No.61250 of 2024(4) dt.22-11-2024 2/3 man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it is crystal clear that the petitioner and informant are own cousin and neighbour and there is no enmity between them. It is next submitted that petitioner has no intention to kill the son of the informant, but unfortunately during harsh firing by the petitioner in the Chaathiyar Bhoj, bullet hit on the head of the informant son. Other co-accused have been granted bail by this Court vide orders dated 19-06-2024, 19-07-2024, passed in Cr. Misc. No. 41651 of 2024, Cr. Misc. No. 50527 of 2024, respectively. 6.

Learned APP for the State has vehemently opposed the prayer for grant of bail. It is further submitted that there is direct allegation of firing against the petitioner, which is corroborated with the postmortem report. Referring to paragraph no. 37 of the case diary, it is submitted that eye-witness has also supported the prosecution case.

7.

Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence and taking into account the fact that there is direct allegation against the petitioner of firing, this Court, at this stage, is not inclined to

Patna High Court CR. MISC. No.61250 of 2024(4) dt.22-11-2024 3/3 grant bail to the petitioner. Prayer is accordingly rejected. 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T