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Patna High CourtCR. MISC./68827/2022allowed

Ramjee Manjhi v. The State Of Bihar

2023-06-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68827 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- MAHKAR District- Gaya ====================================================== RAMJEE MANJHI SON OF LATE BUDHAN MANJHI R/O VILLAGEPATHARKATTI, P.S.- MAHKAR, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

As per FIR, it is a case of assault by means of stick due to which, the father of the informant sustained injuries. It is further alleged that during the course of treatment, he died. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner and informant both are corelatives and due to some dispute arises between them since long back. Petitioner has no intention to kill the informant's father, it is an accidental death. He submitted that according to

Patna High Court CR. MISC. No.68827 of 2022(7) dt.21-06-2023 2/2 prosecution case, assault has been made by both accused persons. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody and petitioner being an old age person, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Mahkar P.S. Case No. 43 of 2022.

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