Dhuri Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83846 of 2024 Arising Out of PS. Case No.-205 Year-2019 Thana- BIKRAM District- Patna ====================================================== Dhuri Manjhi, S/o- Late Majhil Manjhi, Resident of Village- Sundarpur Chauthiya, P.S.- Bikram, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bablu Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2025 Heard Mr. Bablu Kumar, learned counsel for the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.

2. The petitioner has prayed for bail in connection with Bikram P.S. Case No. 205 of 2019 instituted for the offence under Section 302 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has assaulted with khanti on the head of the informant's husband. It is further alleged that in defence, the husband of the informant also gave a phatta blow to the petitioner. When the informant came to P.S. and returned home, she found that her husband has died.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.83846 of 2024(4) dt.18-03-2025 2/3 been falsely implicated in the present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 04.07.2019.

5. It has been submitted by the learned counsel for the petitioner that stage of trial was called for from the trial Court. From perusal of the report of trial Court, it transpires that trial Court has submitted that though no witness has been examined yet the trial will be concluded within three months.

6. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that petitioner is the main assailant who assaulted the deceased with khanti.

7. Having heard the learned counsel for the parties and considering the fact that the petitioner is the main assailant, I am not inclined to enlarge the petitioner on bail at this stage and, as such, his prayer for bail stands rejected. Report from trial Court is called, which goes to show that the trial will be completed in three months.

8. Petitioner will be at liberty to renew his prayer for bail after three months, if the trial is not concluded.

9. The Superintendent of Police, Patna is directed to

Patna High Court CR. MISC. No.83846 of 2024(4) dt.18-03-2025 3/3 produce the witnesses in this case on priority basis so that trial may be concluded within time.

10. A copy of this order may be sent to the Superintendent of Police, Patna.

(Ashok Kumar Pandey, J) lata/- U T