The Patna High Court granted regular bail to the petitioner, who was facing murder charges, allowing him to be released on furnishing a bail bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6805 of 2023
Arising Out of PS. Case No.-77 Year-2022 Thana- TANKUPPA District- Gaya
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Karu Manjhi Son of Late Bano Manjhi Resident of village- Makhdumpur Mahadalit Tola, P.S.- Tankuppa, District- Gaya
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar For the Opposite Party/s : Mr.Pramod Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State .
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.
The allegation against the petitioner along with other accused is that they have committed murder of the informant's son and after killing thrown the dead body of the deceased on sand near the house of Shambhu Manjhi.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case merely on the basis of suspicion. There is no eye witness of the alleged occurrence. The name of the
Patna High Court CR. MISC. No.6805 of 2023(3) dt.19-07-2023 2/2
petitioner has been transpired during investigation on the basis of his self confession before the police which has got no evidentiary value in the eye of law. During course of investigation no consistent evidence has come to show the involvement of the petitioner in the alleged occurrence. Petitioner is languishing in judicial custody since 12.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State and learned counsel for the informant have has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tankuppa P.S. Case No.77 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XII, Gaya.
(Sunil Kumar Panwar, J)
lata/- U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a murder case involving charges under Sections 302, 120(B) and 34 of the Indian Penal Code.
Karu Manjhi
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
