Dhanuki Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73690 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- DHANGAI District- Gaya ====================================================== Dhanuki Manjhi son of Birju Manjhi Village- Chando PS- Dhangai Dist -Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Dhangai P.S. Case No. 30 of 2024, instituted for the offences punishable under Sections 341, 342, 323, 302/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted the son and wife of the informant by means of fists and slaps due to which wife of the informant has died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.73690 of 2024(3) dt.18-12-2024 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of two days in lodging the FIR. Due to some admitted land dispute some altercation took place between the parties and in that course wife of the informant fell down and sustained some minor injuries and subsequently due to illness and sickness she died. It is next submitted that during course of investigation not even a single independent witness have supported the prosecution case. The petitioner is in custody since 01.05.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 20.11.2024 passed in Cr. Misc. No. 70510 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.73690 of 2024(3) dt.18-12-2024 3/3 below/concerned Court in connection with Dhangai P.S. Case No. 30 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T