Ranjan Manjhi @ Ranjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72915 of 2024 Arising Out of PS. Case No.-375 Year-2023 Thana- ATRI District- Gaya ====================================================== 1.

Ranjan Manjhi @ Ranjay Manjhi Son of Late Bishundhari Manjhi Vill -Tetua Pahartar PS- Atri Dist- Gaya 2.

Santosh Manjhi Son of Late Dinesh Manjhi Vill -Tetua Pahartar PS- Atri Dist- Gaya 3.

Kamindra Manjhi @ Kabindra Manjhi Son of Umesh Manjhi Vill -Tetua Pahartar PS- Atri Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in connection with Atri P.S. Case No.375 of 2023 registered under Sections 302/34 of the I.P.C.

3. As per prosecution case, on 26.07.2023 at about 07:00 p.m., the son of the informant had gone to the field for natural call but he did not return. Thereafter the informant and her family members started searching him but he could not be traced. On 28.07.2023 the dead body of informant's son was found hanging with a banyan tree near Mahadani Baba in the

Patna High Court CR. MISC. No.72915 of 2024(4) dt.17-12-2024 2/3 western side of the village. On information, the police came and sent the dead body to the ANNMCH, Gaya for postmortem. It is suspected that the son of the informant was killed by own villagers, who are petitioners here.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case on the basis of suspicion because there is land dispute between both sides. There is no eye witness of the occurrence. Petitioner nos.1 and 2 have one criminal antecedent in which they are on bail and petitioner no.3 has no criminal antecedent. Petitioners are in custody since 15.05.2024. He further submits that there is delay in lodging the F.I.R. and from the postmortem report, it appears that the time of death was opined as 3 to 5 days from the time of postmortem examination held on 29.07.2023. The investigation has already been completed and charge sheet has already been filed in this case. Petitioners undertake to cooperate in the trial.

5. Learned A.P.P. opposes the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and the submissions of the parties, let the above named petitioners be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.72915 of 2024(4) dt.17-12-2024 3/3 Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No.375 of 2023.

(Sunil Dutta Mishra, J) Harish/- U T