Chandeshwar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86419 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
CHANDESHWAR MANJHI S/O Late Ram Swarup Manjhi Resident of Village Dhekahan, Bela, Jagatiya, P.S.- Pipra Kothi, District- East Champaran.
2.
Prabhawati Devi W/O Chandeshwar Manjhi Resident of Village Dhekahan, Bela, Jagatiya, P.S.- Pipra Kothi, District- East Champaran. 3.
Hridaya Narayan Manjhi S/O Late Jagan Manjhi Resident of Village Dhekahan, Bela, Jagatiya, P.S.- Pipra Kothi, District- East Champaran. 4.
Poonam Devi W/O Hridaya Narayan Manjhi Resident of Village Dhekahan, Bela, Jagatiya, P.S.- Pipra Kothi, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Dhurendra Kumar, Advocate Mr. Sumit Kumar, Advocate For the State :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 61(2), 108, 351(2) and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that due to old enmity, these petitioners along with three unknown persons murdered the son of informant and hanged the dead body on a Mango tree.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have
Patna High Court CR. MISC. No.86419 of 2024(3) dt.29-01-2025 2/3 committed no offence. Petitioners are own Pataidars of the informant. Informant is not an eye witness of the alleged occurrence and merely because of previous enmity and land dispute, they have falsely been implicated in this case on suspicion. It is further submitted that in the post mortem report, no external injuries were found on the body of the deceased and cause of death is Asphyxia due to hanging. As a matter of fact, son of informant committed suicide and taking advantage of the situation, this false and concocted case has been lodged. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with
Patna High Court CR. MISC. No.86419 of 2024(3) dt.29-01-2025 3/3 Piprakothi P.S. Case No. 190 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T