Ranjit Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73018 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- PALASI District- Araria ====================================================== 1.

Ranjit Kumar Manjhi Son Of Nand Lal Manjhi R/O Village- Mahabari, Ward No.02, P.S.- Palasi, District- Araria 2.

Soni Devi D/O Nand Lal Manjhi R/O Village- Mahabari, Ward No.02, P.S.- Palasi, District- Araria 3.

Asha Devi W/O Nand Lal Manjhi R/O Village- Mahabari, Ward No.02, P.S.- Palasi, District- Araria ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP For the Informant : Mr. Nishant Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201 & 120B of the Indian Penal Code.

3. The petitioners along with other co-accused are said to have killed the brother of the informant by strangulating him and hung the dead body in mango orchard.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case with ulterior motive. It is further submitted that the deceased hanged to death himself in mango orchard due to his depression caused by the informant

Patna High Court CR. MISC. No.73018 of 2023(3) dt.07-03-2024 2/2 side/own family memebrs by passing ill comment and torturing upon him. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the petitioners are neighbour and co-villagers to each other residing in same village. It is further submitted that there is no eye-witness of the said occurrence. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State assisted by learned counsel for the informant vehemently opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the postmortem report does not support the prosecution case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Palasi P.S. Case No.359 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T