Patna High CourtCR. MISC./71643/2021bail rejected

Mithilesh Manjhi v. The State Of Bihar

2022-10-13Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71643 of 2021 Arising Out of PS. Case No.-265 Year-2019 Thana- PUNPUN District- Patna ====================================================== Mithilesh Manjhi S/o Late Raudi Manjhi R/o Village- Bairaipur, P.S.- Punpun, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Pandit, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Punpun P.S. Case No. 265 of 2019 and Spl. Case No. 189/2019 lodged under Sections 376/511 of the I.P.C. and 8/12 POCSO Act.

Learned counsel for the petitioner submits that this case has earlier been rejected vide order dated 12.03.2021 passed in Cr. Misc. 34012 of 2020. He submits that one prosecution witness, who is the eye witness of the occurrence, has adduced, which is Annexure 4, had not supported the prosecution story and became hostile.

Patna High Court CR. MISC. No.71643 of 2021(4) dt.13-10-2022 2/2 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 06.10.2019 having clean antecedent.

Learned counsel for the State opposes the prayer for bail and submits that on merit this case has already been rejected earlier. Report has been called for, in which it has been indicated that this may be disposed of within 6-9 months. In view of this matter the bail application is hereby rejected. The liberty is hereby granted that the petitioner may renew his prayer for bail after 9 months.

With this observation, the bail application stands rejected.

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