Ashok Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52961 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -BARABAR TOURIST District- JEHANABAD ====================================================== Ashok Manjhi, S/o Gandhari Manjhi @ Gandheri Manjhi, Residence of Vill.- Matua Tola Bala Per, P.S.- Gurua, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Barabar Paryatak (Vishunganj) P.S. Case No.10 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code pending in the Court of the Additional Sessions Judge-I, Jehanabad. In the written report, it is alleged that this petitioner along with other accused as named in the written report gave a glass of wine to Nanhak Manjhi (deceased) to drink and assaulted him brutally with fists, slaps and sleeper etc. and forcibly put sand in his mouth on account of which he died. Case diary has been received, wherein, post mortem report is available in which the doctor has found swollen face and

Patna High Court Cr.Misc. No.52961 of 2018 (3) dt.27-09-2018 2/2 both lips. Sand was found in mouth and buckul cavity. Sand was also found around both ears. There was fracture of both side of thoracic cage region. Doctor has opined death as asphyxial death. In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected. Liberty is given to the petitioner to renew his prayer for bail after nine months if no substantial progress is made in the trial.

(Sanjay Priya, J) JA/- Rohit Kr.

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