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Patna High CourtCR. MISC./64777/2025bail granted

Dongal Manjhi @ Rajendra Manjhi v. The State Of Bihar

2025-10-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64777 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

Dongal Manjhi @ Rajendra Manjhi S/O Ramfal Manjhi R/O Vill.- Jagdishpur Baghnagri, P.S.- Sakra, Dist.- Muzaffarpur 2.

Virendra Paswan @ Mahto Paswan S/O Ram Avtar Paswan R/O Vill.- Jagdishpur Baghnagri, P.S.- Sakra, Dist.- Muzaffarpur 3.

Shail Devi @ Shaili Devi W/O Late Vinod Paswan R/O Vill.- Jagdishpur Baghnagri, P.S.- Sakra, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-10-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 302 and 34 of the Indian Penal Code.

3. As per prosecution case, informant namely Sudha Devi has alleged that her husband has a chicken shop and due to some dispute, 13 named accused persons including these petitioners along with 50 other persons had come to the shop of the husband of the informant and started assaulting him. When husband of the informant tried to flee, he was dragged from

Patna High Court CR. MISC. No.64777 of 2025(3) dt.09-10-2025 2/3 another shop and was constantly assaulted by the aforesaid persons and subsequently he died.

4. It is submitted on behalf of the petitioners that from the FIR, it is apparent that the date of occurrence was 21.04.2024 while the post-mortem was done on 22.04.2024 and the cremation was also done on the same day i.e. on 22.04.2024 however, afterthought, the present case has been lodged on 23.04.2024. It is further submitted that there is no specific allegation against these petitioners rather general and omnibus allegation all the accused persons. The post-mortem report completely falsifies the statements made in the FIR as no external injury was found on the person of the deceased and the death was said to be asphyxia due to hanging. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6. Considering the fact that the death was due to asphyxia due to hanging, clean antecedent of these petitioners and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.64777 of 2025(3) dt.09-10-2025 3/3 amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Court No.1, Muzaffarpur (East) in connection with Sakra P.S. Case No. 235 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Prabhat Kumar Singh, J) AjayMishra/- U T