Manoj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64283 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

Manoj Manjhi Son of Late Kuldeep Manjhi Resident of Village - Horma, P.S.- Khizersarai, District - Gaya.

2.

Gajanti Das @ Gajanti Devi @ Kanti Devi Wife of Manoj Manjhi Resident of Village - Horma, P.S.- Khizersarai, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Adv.

For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-10-2024 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Khizersarai P.S. Case No. 279 of 2023 dated 17.07.2023, lodged under Sections 302, 201 & 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against eight named accused persons including the present petitioners with an allegation that all the accused persons in connivance with each other have killed the informant's father.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. In fact, the present FIR has been lodged after 17 days of the alleged date of occurrence and name of all the persons have been inserted in

Patna High Court CR. MISC. No.64283 of 2024(3) dt.05-10-2024 2/2 the FIR only on the basis of suspicion. Counsel submits that the criminal antecedent of the petitioners are clean and they are in custody since 11.06.2024. Counsel further submits that the dead body has been recovered, but it could not be identified whether this dead body is of a male or a female.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that it is a case of circumstantial evidence.

6. In the present facts and circumstances of this case, let the petitioners above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Khizersarai P.S. Case No. 279 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Divyansh/- U T