Jiut Manjhi @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4927 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- MADHAURAH District- Saran ====================================================== JIUT MANJHI @ PANKAJ KUMAR S/O TILESHWAR MANJHI VILLAGE- RAMPUR, PS. MADHAURA (GAURA O.P), DIST. CHAPRA (SARAN), BIHAR ... ... Appellant/s

Versus

1.

The State of Bihar 2.

RAMAVATI DEVI W/O PRABHU RAM VILLAGE- RAMPUR, PS. MADHAURA (GAURA O.P), DIST. SARAN ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ankur Prakash Sinha For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the orders dated 01.08.2023 passed by learned Exclusive Special Judge, SC/ST, Saran at Chapra in connection with Madhaurah Gaura O.P. P.S. Case No. 262 of 2023 instituted for the offences punishable under Sections 302/34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST POA Act whereby his prayer for being released on bail has been rejected.

As per FIR, it is alleged that all the FIR named persons including the appellant committed murder of the

Patna High Court CR. APP (SJ) No.4927 of 2023(2) dt.25-01-2024 2/3 informant's son by means of knife stabbing.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. Informant was not an eye witness of the alleged occurrence. There is no specific allegation of stabbing against the petitioner, the appellant had merely caught hold the informant's son due to which he has been dragged in this case. The appellant also belongs to SC/ST, so no offence of SC/ST Act made out against him. Similarly situated co-accused has already been granted bail by this Court vide order dated 11.01.2024 passed in Cr. Appeal SJ 4311 of 2023. The appellant is in custody since 18.05.2023. A statement has been made in para 3 of the petition that appellant has clean antecedent.

In contra, learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 01.08.2023. Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released

Patna High Court CR. APP (SJ) No.4927 of 2023(2) dt.25-01-2024 3/3 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 Exclusive Special Judge SC/ST, Chapra, Saran in connection with Madhaura (Gaura O.P.) P.S. Case No. 262 of 2023.

(Sunil Kumar Panwar, J) Manishkr/- U T