Rangu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77837 of 2024 Arising Out of PS. Case No.-128 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== Rangu Manjhi S/O Shivbalak Manjhi RO Village- Pesh Dhaniyawan, P.SNardiganj, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Nardiganj P.S. Case No. 128 of 2018 registered for the alleged offences under Sections 147, 148, 149, 341, 323, 337, 304 of the Indian Penal Code.

03. As per prosecution case, the petitioner and other co-accused persons assaulted the informant and his wife. The wife of the informant received injury on her head and later on she died due to this injury.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The occurrence took place on 08.07.2018 and the FIR has been lodged on 12.07.2018 but there is no satisfactory

Patna High Court CR. MISC. No.77837 of 2024(3) dt.22-01-2025 2/3 explanation for the delay. Learned counsel further submits that the petitioner's side and the informant's side indulged in brickbatting and it is not believable that the informant could identify the petitioner with certainty for causing injury to his wife, which subsequently resulted in her death. Background of land dispute is admitted. Learned counsel further submits that the police investigated the matter and submitted charge-sheet under Section 304 and other bailable sections of the IPC. The petitioner is in custody since 04.07.2024 and he is having antecedent of one case in which he is on bail.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that there is specific allegation against the petitioner that he hit on the head of wife of the informant, who succumbed to her injury.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the backdrop of the occurrence and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with

Patna High Court CR. MISC. No.77837 of 2024(3) dt.22-01-2025 3/3 Nardiganj P.S. Case No. 128 of 2018, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T