Kashi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85239 of 2023 Arising Out of PS. Case No.-442 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== KASHI MANJHI Son of Sri Jogi Manjhi R/o vill - Kewaal, P.S. - Gidhore, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Farooque Afzal, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Laxmipur (Gidhaur) P.S. case No. 442 of 2022 (Sessions Trial No. 276 of 2023) instituted for the offences under Sections 323, 341, 325, 307, 302 of the Indian Penal Code.

3. Prosecution allegation, in short, is that due to family feud, the son of the informant started assaulting the informant and other family members due to which wife of the informant sustained injury and later died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged occurrence. Learned counsel for the petitioner further submits

Patna High Court CR. MISC. No.85239 of 2023(4) dt.20-03-2024 2/2 that death of mother of the petitioner is co-incident due to injuries sustained by falling on the stairs and not by the petitioner. . Learned counsel for the petitioner also submits that the petitioner is in custody since 06.12.2022 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP submits that there is specific allegation of assault against the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

8. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of one year from the date of receipt/production of a copy of this order.

9. However, if the trial is not concluded within the stipulated period of time, the petitioner will have liberty to move before the Court below for grant of bail. (Rudra Prakash Mishra, J) Pankaj/- U T