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Patna High CourtCR. MISC./73219/2023allowed

Fudan Manjhi v. The State Of Bihar

2024-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73219 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- PIYAR District- Muzaffarpur ====================================================== 1.

FUDAN MANJHI Son of Ramnath Manjhi Resident of Village - Baliya Indrajeet, P.S.- Bochaha, District - Muzaffarpur. 2.

Nagina Kumari Wife of Fudan Manjhi Resident of Village - Baliya Indrajeet, P.S.- Bochaha, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Ibrahim For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. It is a case of commission of murder of the informant's son namely, Manjay Kumar by the accused persons including the petitioners.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. They have no concern with the alleged occurrence. The F.I.R. has been lodged after the delay of

Patna High Court CR. MISC. No.73219 of 2023(3) dt.08-02-2024 2/2 three days without any explanation. No one is the eye witness of the alleged occurrence. The enmity of informant from before to Raju Manjhi of village Rampurdayal who is relative of petitioners and due to this petitioners have been intentionally implicated in this case only on suspicion. During investigation, no consistent material has come against the petitioners to show their complicity in the alleged occurrence. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 01.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Muzaffarpur in connection with Piar P.S. Case No. 84 of 2023. (Sunil Kumar Panwar, J) lata/- U T