Tulsi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69992 of 2021 Arising Out of PS. Case No.-335 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Tulsi Manjhi S/o Late Sibbu Manjhi Resident of Village- Nepura Tola Bijay Nagar, P.S.- Deepnagar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Deep Nagar P.S. Case No. 335 of 2020 registered for the offence under Sections 341, 342, 147, 148, 149, 326, and 302 of Indian Penal Code and Section 27 of Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 06.10.2020.

The allegation against the petitioner is to commit murder of father of the informant, alongwith other co-accused

Patna High Court CR. MISC. No.69992 of 2021(3) dt.28-11-2022 2/3 persons, while equipped with sword, by causing injury on left hand of deceased.

Learned counsel appearing on behalf of the petitioner submitted that from the bare perusal of the F.I.R., allegation against the petitioner is to cause injury on the left hand of the deceased, who is father of the informant. It is submitted that informant is the eye-witness of the occurrence and, as such, there is no reason to disbelieve his version, as set out through F.I.R. It is also submitted that as per post mortem report, the death of the father of informant is due to head injury, which is, admittedly, not caused by this petitioner. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as fatal injury on the head, as per F.I.R., not appears to be caused by this petitioner, where informant is the eye-witness coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Deep Nagar P.S. Case

Patna High Court CR. MISC. No.69992 of 2021(3) dt.28-11-2022 3/3 No.335 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional District and Sessions Judge, Nalanda at Biharsharif/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T