Pradeep Kumar Manjhi @ Gujjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78427 of 2023 Arising Out of PS. Case No.-439 Year-2021 Thana- MANJHI District- Saran ====================================================== Pradeep Kumar Manjhi @ Gujjar S/O Bhola Manjhi R/O Village- Ram Nagar Tola, Ps. Chapra Muffasil, Dist. Saran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manjeet Kumar Bishen, Advocate For the State :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Manjhi P.S. Case No. 439 of 2021 instituted for the offence under Sections 307/34, 302 of the Indian Penal Code and 27 of the Arms Act.

3.

The allegation against the petitioner is to commit murder of father of informant along with other named coaccused persons by causing fire arm injury. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-12-2021. Petitioner bear six criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.78427 of 2023(2) dt.05-12-2023 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the F.I.R. Name of the petitioner has been surfaced in this case due to confessional statement of co-accused, namely, Shiva Singh. Other co-accused person has been granted bail by Co-ordinate Bench of this Court vide order dated 20-06-2023 passed in Cr. Misc. No. 3578 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court below/concerned Court in connection with Manjhi P.S. Case No. 439 of 2021 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to

Patna High Court CR. MISC. No.78427 of 2023(2) dt.05-12-2023 3/3 cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T