In two criminal miscellaneous petitions arising from an alleged murder case, the High Court allowed bail to the petitioners after considering the delay in FIR lodging, inconsistent witness statements, lack of informant's statement, and the petitioners' clean antecedents.
Petitioners released on bail furnishing bonds of Rs. 10,000/- each with two sure
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.18849 of 2024
Arising Out of PS. Case No.-183 Year-2023 Thana- ARIYARI District- Sheikhpura
====================================================== Milan Manjhi Son of Late Gajo Manjhi Resident of Village-Barsa, P.S.Ariyari (Kasar O.P.), District-Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 33442 of 2024
Arising Out of PS. Case No.-183 Year-2023 Thana- ARIYARI District- Sheikhpura
====================================================== Kajru Manjhi son of Late Gajo Manjhi @ Gogo Manjhi R/O - Village Barsa, P.S. - Ariyari (kasar - O.P )district Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 18849 of 2024) For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 33442 of 2024) For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
Heard Mr. Pramod Kumar Sinha, learned Advocate for the petitioners and the learned APP for the State.
Patna High Court CR. MISC. No.18849 of 2024(5) dt.09-08-2024 2/5
and Section 3 of the Dian Act.
Patna High Court CR. MISC. No.18849 of 2024(5) dt.09-08-2024 3/5
hours. In such circumstances, even the date and time of occurrence doesn’t corroborate. It is next contended that in fact the informant is not an eyewitness to the alleged occurrence and only on account of an enmity, the name of the petitioners have been implicated. It is also contended that subsequent to the lodging of the FIR, the family members, whose statements have been recorded by the investigating officer, they have narrated that petitioner Milan Manjhi was having pistol in his hand and Kajru Manjhi was having iron rod. There are various inconsistencies in the statement of the informant and witnesses. Now the petitioners, who are having no criminal antecedent, are in custody since 06.12.2023.
Patna High Court CR. MISC. No.18849 of 2024(5) dt.09-08-2024 4/5
FIR and at that point of time, neither the fardbeyan of the informant was recorded nor any complaint has made, coupled with the period of incarceration as well as the fair antecedent, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st , Sheikhpura in connection with Ariyari (Kasar) P.S. Case No. 183 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-
(i) The petitioners will cooperate in conclusion of the
trial.
(ii) They will remain present on each and every date of trial till disposal of the case.
(iii) They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, their bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their criminal antecedent, the
Patna High Court CR. MISC. No.18849 of 2024(5) dt.09-08-2024 5/5
court below shall take immediate step for cancelling the bail bond of the petitioners. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J)
shivank/-
U T
2 issues framed by the court
Whether the petitioners, accused of assault leading to death with FIR delay and inconsistent evidence, are entitled to bail.
Whether the delay in lodging the FIR and inconsistencies in witness statements warrant the grant of bail.
2 provisions across 2 enactments
Milan Manjhi
Kajru Manjhi
The State of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
