Patna High CourtCR. MISC./79170/2024bail granted

Madhusudan Manjhi v. The State Of Bihar

2024-12-17Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79170 of 2024 Arising Out of PS. Case No.-262 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Madhusudan Manjhi Son of Late Badri Manjhi Resident of Village- Belaw, Musahari Tola, P.S.- Barbigha, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-12-2024 Heard the parties.

2. This is the second attempt of the petitioner in connection with S.T. No. 27 of 2024 arising out of Barbigha P.S. Case No. 262 of 2023 registered for the offence under Sections 302/34 of the Indian Penal Code. Earlier the following order was passed on 20.02.2024 in Cr. Misc. No. 9690 of 2024:- Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barbigha P.S. Case No. 262 of 2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have killed his wife.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to ulterior motive. The petitioner is in jail since 05.10.2023.

Patna High Court CR. MISC. No.79170 of 2024(2) dt.17-12-2024 2/3

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application stands dismissed.

8. The Court below is directed to expedite the trial.

3. It has been submitted by the learned counsel for the petitioner that out of seven witnesses, four witnesses have been examined till 10.05.2024 and thereafter no witness has been examined.

4. The petitioner is in jail since 5.10.2023.

5. Considering the delay in the trial and also considering the period of custody, this application is allowed.

6. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Sheikhpura in connection with S.T. No. 27 of 2024 arising out of Barbigha P.S. Case No. 262 of 2023.

7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance

Patna High Court CR. MISC. No.79170 of 2024(2) dt.17-12-2024 3/3 of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U