Indar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67586 of 2024 Arising Out of PS. Case No.-511 Year-2020 Thana- BIHTA District- Patna ====================================================== Indar Manjhi Son of Jai Nandan Manjhi Resident of Village - Bahapura, P.S. - Bihta, District - Patna. At present Resident of Chiraiyatand, Gram - Mushhari, P.S. - Bihta, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Shankar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihta P.S. Case No. 511 of 2020 instituted for the offences under Section 302 of the Indian Penal Code.

3. Allegation against the petitioner is of commission of murder of the informant's son, namely, Tuttu Manjhi.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that informant is the wife of the petitioner and the allegation against the petitioner is of giving knife blow to his son on his neck. Learned counsel further submitted that there is no motive behind the said

Patna High Court CR. MISC. No.67586 of 2024(5) dt.24-02-2025 2/3 occurrence. Learned counsel further submitted that on perusal of the impugned order it appears that charges were framed on 02.09.2023 and summons were also issued against the witnesses for evidence but no witness has been turn-up till today. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.07.2020 for more than four years and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that there is specific allegation against the petitioner of giving knife blow to the deceased on his neck due to which he sustained injuries and died.

6. Considering the aforesaid facts and circumstances of the case, there being specific allegation against the petitioner of stabbing the deceased, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today.

Patna High Court CR. MISC. No.67586 of 2024(5) dt.24-02-2025 3/3 If any such application is filed, the learned Trial Court shall consider the same on its own merit without being prejudiced by this order.

10. The District Magistrate, Patna and the Senior Superintendent of Police, Patna is directed to produce the witnesses before the learned court below as and when required.

11. Let a copy of this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.

(Rudra Prakash Mishra, J) Alok Verma/- U T