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Patna High CourtCR. MISC./81601/2024bail granted

Lalo Manjhi v. The State Of Bihar

2025-01-22Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81601 of 2024 Arising Out of PS. Case No.-347 Year-2023 Thana- HISUWA District- Nawada ====================================================== 1.

Lalo Manjhi, Son of Tilak Manjhi, R/O- Village- Sri Rampur, P.S.- Hisua, Distt.- Nawada 2.

Suraj Manjhi Son of Lalo Manjhi, R/O- Village- Sri Rampur, P.S.- Hisua, Distt.- Nawada 3.

Chourasia Devi, Wife of Lalo Majhi, R/O- Village- Sri Rampur, P.S.- Hisua, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Hisua P.S. Case No. 347 of 2023 dated 04.07.2023, instituted for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the alleged date of occurrence, the informant and his mother went to temple of Lord Ganesh. Someone has spitted on the wall of the temple which was objected by the informant. Due to which, the petitioners along with other accused persons assaulted the informant and his mother by means of brick, stones, lathi-danda and rod. In the way to the hospital, the mother of the informant has succumbed to the injuries.

Patna High Court CR. MISC. No.81601 of 2024(3) dt.22-01-2025 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel for the petitioners submits that there is no specific allegation against the petitioners rather the allegation against the petitioners is general and omnibus. In the injury report, it has been mentioned that there is one injury on the head. The cause of death is fracture of left frontal bone caused by hard and blunt substances. All the petitioners belong to same family. Lastly, it has been submitted that the petitioners are in custody since 05.08.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Nawada in connection with Hisua P.S. Case No. 347 of 2023.

(Khatim Reza, J) premchand/- U T