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Patna High CourtCR. MISC./84859/2023allowed

Arvind Manjhi v. The State Of Bihar

2024-01-22Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84859 of 2023 Arising Out of PS. Case No.-458 Year-2019 Thana- GAURICHAK District- Patna ====================================================== Arvind Manjhi S/O Rajendra Manjhi R/O Village- Sapahua, P.S- Gaurichak, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Purushotam Sharma, Adv For the Opposite Party/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner seeks regular bail in connection with Gaurichak P.S.Case No. 458 of 2019 for the offence registered under Sections 302, 201, 34 of the Indian Penal Code and Section 3 (2) (v) of the SC/ST ( Prevention of Atrocities) Act

3. As per the prosecution case, due to some family dispute, the husband of the informant's sister and his entire family members killed the husband of informant and thrown him into a well.

Patna High Court CR. MISC. No.84859 of 2023(2) dt.22-01-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is no eye witness of the alleged occurrence and the name of the petitioner has come only on the basis of suspicion. The petitioner has no criminal antecedent and he is in custody since 17.09.2022. The charge sheet against the petitioner has already been submitted and cognizance has been taken by the court concerned under section 302,201 and 34 of the Indian Penal Code. The Petitioner is brother of Upendra Manjhi, husband of the victim. Similarly situated co-accused Shailesh Manjhi and Kunal Manjhi have been granted bail by the co-ordinate Bench of this Court vide order dated 18.03.2021 passed in Cr. Appeal ( SJ) No. 441 of 2021.

5. Learned APP for the State Opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs, 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District

Patna High Court CR. MISC. No.84859 of 2023(2) dt.22-01-2024 3/3 Judge' 1st Patna city in connection with Gaurichak P.S.Case No. 458 of 2019.

(Sunil Dutta Mishra, J) N.K/- U T