Kishori Manjhi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Kishori Manjhi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of his arrest or surrender before the learned Additional Chief Judicial Magistrate-IInd, Gaya/concerned Court within four weeks of the order, to be released on bail furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, in connection with Belaganj P.S. Case No. 253 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioner, who is named in the FIR in Belaganj P.S. Case No. 253 of 2021 (registered under Sections 302, 34 IPC) and apprehends arrest, should be released on anticipatory bail. +1 more

Court's answer

Taking note that the occurrence appears prima facie accidental in nature, that the police had already submitted a charge-sheet under Section 304 IPC, and that the petitioner is a man of clean antecedent, the petitioner is directed to be released on bail in the event of his arrest or surrender before the trial Court within four weeks of the order, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The Court recorded as a basis for bail that the occurrence is appearing prima facie accidental in nature and that the police, after investigation, have already charge-sheeted the case under Section 304 of the Indian Penal Code, coupled with the petitioner's clean antecedents.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Chandra Shekhar Jha, J.) allowed pre-arrest bail to Kishori Manjhi, named in the FIR in Belaganj P.S. Case No. 253 of 2021 (Sections 302, 34 IPC), arising from an allegation that he started a tractor at the instruction of co-accused Suhail Mian and Kallu Mian, due to which the informant's husband was injured and subsequently died. The Court took note that the occurrence appeared prima facie accidental in nature, that the police had already submitted a charge-sheet under Section 304 IPC after investigation, that the petitioner was a man of clean antecedents, and that co-accused Suhail Mian had been granted anticipatory bail in Cr. Misc. No. 65286 of 2021 (dated 23.08.2022). The petitioner was directed to be released on bail upon arrest or surrender before the Additional Chief Judicial Magistrate-IInd, Gaya/concerned Court within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18802 of 2023

Arising Out of PS. Case No.-253 Year-2021 Thana- BELAGANJ District- Gaya

======================================================

Kishori Manjhi, S/o Late Somar Manjhi R/o village- Pachmahla, P.S.Belaganj, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar, Advocate For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 26-07-2024

Heard learned counsel appearing on behalf

of the petitioner and learned Additional Public Prosecutor

appearing on behalf of the State.

The accused/petitioner is named in F.I.R.

and apprehending his arrest in connection with Belaganj P.S. Case No. 253 of 2021, registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.

The allegation against above named

petitioner is to start a tractor under instruction of co-

accused Suhail Mian and Kallu Mian, due to which the husband of informant badly injured and subsequently

Patna High Court CR. MISC. No.18802 of 2023(3) dt.26-07-2024 2/3

died.

Learned counsel appearing on behalf of the

petitioner submitted that the narration of FIR is authored by informant is nowhere approving the fact, as to lodge case under Section 302 of the Indian Penal Code, for the reasons that occurrence is appearing accidental in nature rather that petitioner was under intention to cause death of the husband of informant. It is also pointed out that

after investigation, the police submitted charge-sheet under Section 304 of the Indian Penal Code. Learned counsel further pointed out that petitioner is a man of clean antecedent and moreover, the co-accused, namely, Suhail Mian was granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 65286 of 2021 dated 23.08.2022.

Learned APP opposes the prayer of bail.

Considering the aforesaid facts and

circumstances and by taking note of the fact that

occurrence is appearing prima facie accidental in nature,

Patna High Court CR. MISC. No.18802 of 2023(3) dt.26-07-2024 3/3

where after investigation, the police already submitted charge-sheet under Section 304 of the Indian Penal Code, coupled with the fact that petitioner is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned

trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

the like amount each to the satisfaction of the learned

Additional Chief Judicial Magistrate-IInd, Gaya/concerned Court, where the case is pending in connection with Belaganj P.S. Case No. 253 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J)

veena/-

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