Sujit Manjhi @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64761 of 2024 Arising Out of PS. Case No.-1275 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Sujit Manjhi @ Sujit Kumar Son of Bishu Manjhi @ Vishnu Manjhi @ Bishnu Manjhi Resident of Village- Gandhar, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 1275 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting the Informant with desi katta. It is further alleged that the accused persons also snatched the Informant's scooty key, mobile and cash of Rs. 5,000/- and flee away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.64761 of 2024(2) dt.06-09-2024 2/3 He further submits that nothing incriminating/looted article has been recovered from the conscious possession of the petitioner. The name of the petitioner has surfaced in this case on the basis of the confessional statement of the co-accused/Sajan Kumar. Except confessional statement, there is nothing on record against the petitioner. He further submits that the snatched electric motorcycle has been recovered from the possession of the co-accused/Dev Nandan Manjhi @ Toni Manjhi. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 21.02.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner under Section 394 of the I.P.C. and cognizance has also been taken u/s 394 of the I.P.C. against him.

5. Learned counsel for the petitioner again submits that the co-accused namely Sajan Kumar has been granted bail by this Court vide order dated 22.04.2024 passed in Cr. Misc. No. 30194 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.64761 of 2024(2) dt.06-09-2024 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 1275 of 2023. (Rudra Prakash Mishra, J) rishi/- U T