Partly allowed

Anirudh Manjhi v. The State Of Bihar

Patna HC1 Oct 2013CR. MISC./22509/2013

Case brief

AI extract

What is this about?

The High Court at Patna disposed of two bail applications in a murder case. Bail was granted to one petitioner based on weak physical evidence but denied to the other despite similar arguments, relying on recovery and witness testimony.

What did the court decide?

Bail granted to Bhagelu Sah on Rs. 10,000 bond with sureties on conditions. Bail rejected for Anirudh Manjhi with liberty to renew after six months of trial delay.

Anirudh Manjhi Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.17864 of 2013

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====================================================== 1. Bhagelu Sah S/O Late Badri Sah R/O Vill- Garabhua (Lala Tola), P.SChanpatiya (Sirisiya O.P), Distt- West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22509 of 2013 ====================================================== Anirudh Manjhi, son of Kisnath Manjhi, Resident of village Garabhua, Mushahar Toli, P.S.- Chanpatiya (Sirisiya O.P.), District- West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 01-10-2013 Both applications seeking bail arise out of Chanpatiya (Sirisiya) P.S. Case No. 207 of 2012 registered under Sections 302, 120B/34 of the Indian Penal Code. They are being disposed of by the present order. Heard learned counsels for the petitioners and Mr. Lal learned APP for the State.

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As per the allegation contained in the F.I.R. registered on 26.7.2012 by the daughter of the victim, the petitioner of Cr. Misc. No. 22509 of 2013 had come to the house of the informant and took the victim on certain plea along with him. The following day, the dead body of the father of the informant was found deserted in a lonely place. It has been alleged that the aforesaid

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Patna High Court Cr.Misc. No.17864 of 2013 (3) dt.01-10-2013

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accused along with other killed the father of the informant by strangulation as well as use of acid.

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Learned counsel for the petitioner in Cr. Misc. No. 17864 of 2013 submits that admittedly the informant is not an eye witness to the occurrence. Prior to lodgment of the case, one accused namely Anirudh Manjhi (petitioner in Cr. Misc. No. 22509 of 2013) was arrested who made a confessional statement before the Police inculpating himself as well as the petitioner besides others in the commission of murder of the victim. It has been stated that except the aforesaid confessional statement of coaccused which has found support from other witnesses in course of investigation, there is nothing tangible in the investigation report to connect the petitioner with the offence. The petitioner is lodged in custody since 26.12.2012.

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Learned counsel for the petitioner in Cr. Misc. No. 22509 of 2013, while adopting the submissions made on behalf of the petitioner of Cr. Misc. No 17864 of 2013, submitted that the alleged confessional statement had not led to any recovery. In course of investigation, it has come that the deceased had developed illicit relationship with the wife of another co-accused namely Ramji Mahto. Ramji Mahto, therefore, has a motive to kill the victim. The petitioner is lodged in custody since 27.7.2012. It

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Patna High Court Cr.Misc. No.17864 of 2013 (3) dt.01-10-2013

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has also been submitted that the time of death of the victim/deceased as opined in the post mortem report does not fit in with the allegation.

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Learned APP, on the other hand, submits that the accused Anirudh Manjhi (petitioner of Cr. Misc. No. 22509 of 2013) had come to the informant on the day of occurrence in the morning and took the victim from the house on certain plea. The dead body of the victim was found thereafter. The witnesses have consistently supported the aforesaid fact. He further submits that the post mortem report supports the allegation contained in the F.I.R.

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Having considered the submissions of the parties and considering the fact that the name of the petitioner of Cr. Misc. No. 17864 of 2013 transpired only in the confessional statement of the petitioner of Cr.Misc. No. 22509 of 2013 and also the fact that he is in custody since 26.12.2012, Bhagelu Sah (petitioner of Cr. Misc. No. 17864 of 2013) is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatiya (Sirisiya) P.S. Case No. 207 of 2012 subject to the following conditions:

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Patna High Court Cr.Misc. No.17864 of 2013 (3) dt.01-10-2013

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(i) One of the bailors shall be own/close relative of the petitioner. (ii) The petitioner shall appear in Court in person on the dates fixed at the trial. In case of default on such appearance for two consecutive dates, the Trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

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The prayer for bail made on behalf of the petitioner of Cr. Misc. No. 22509 of 2013 is rejected.

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The petitioner is, however, granted liberty to renew prayer for bail if trial does not record adequate progress within six months from the date of receipt/production of a copy of this order.

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(Kishore Kumar Mandal, J)

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Pankaj/-

Anirudh Manjhi v. The State Of Bihar

Case brief

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Anirudh Manjhi v. The State Of Bihar

Case brief

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