Patna High CourtCR. MISC./81088/2023allowed

Mithlesh Manjhi v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81088 of 2023 Arising Out of PS. Case No.-187 Year-2014 Thana- KAKO District- Jehanabad ====================================================== MITHLESH MANJHI SON OF LATE SHIBU MANJHI VILLAGE -KISHUNPUR P.S.-KAKO (BHELAWAR OP), DISTRICT -JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 341, 326, 307, 504/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting the mother of the informant due to which , she sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Informant is not the eye witness of the alleged occurrence rather allegation has been made merely on hearsay statement of one Dharmendra Kumar who claimed to see the occurrence. There is general and

Patna High Court CR. MISC. No.81088 of 2023(2) dt.15-12-2023 2/2 omnibus allegation against the petitioner. He further submitted that the other co-accused had already been granted bail by a Coordinate Bench vide order dated 19.02.2016 passed in Cr. Misc. No. 5957 of 2016. He is languishing in judicial custody since 25.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad in connection with Kako P.S. Case No. 187 of 2014.

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