← Library
Patna High CourtCR. MISC./70559/2023allowed

Tapuwa Manjhi @ Tapua Manjhi v. The State Of Bihar

2024-01-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70559 of 2023 Arising Out of PS. Case No.-364 Year-2022 Thana- PALASI District- Araria ====================================================== Tapuwa Manjhi @ Tapua Manjhi Son Of Mantu Manjhi @ Metu Manjhi Resident Of Village - Gachh Miyapur, Ward No. 9 Tola, Ps- Palasi, DisttAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. It is a case of commission of murder of the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 14.11.2022, the F.I.R was registered on 25.11.2022

Patna High Court CR. MISC. No.70559 of 2023(3) dt.18-01-2024 2/3 without explaining the delay. The informant is not the eye witness to the occurrence. The son of the informant committed suicide. The petitioner has been roped in the present case only on the basis of suspicion. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case. All the witnesses are hearsay witnesses. The petitioner is languishing in custody since 01.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was last seen with the victim.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.70559 of 2023(3) dt.18-01-2024 3/3 Judicial Magistrate, 1st, Araria in connection with Palasi P.S. Case No. 364 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T