Petitioner in custody under BNS Sections 103(1), 238, 3(5) sought bail alleging false implication and lack of eye witnesses. Court granted bail with sureties, noting absence of eye witnesses and no criminal antecedents.
Release of petitioner on bail of Rs.10,000/- with two sureties of like amount to C.J.M., Jamui.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40006 of 2025
Arising Out of PS. Case No.-416 Year-2024 Thana- JHAJHA District- Jamui
======================================================
Beni Manjhi, aged about 67 years, male, Son of Darogi Manjhi R/O VillageFoksa, P.S.- Jhajha, District- Jamui
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
Heard learned counsel for the petitioner and learned
APP for the State.
offence under Sections 103(1), 238, 3(5) of the BNS.
Yadav( chaukidar/ informant) it is alleged that petitioner is the father of the deceased and on the alleged date of occurrence, the petitioner firstly saw that his son(deceased) was assaulting his eight years old minor daughter for want of Rs.1200/- and then rushed upon her with axe after which the present petitioner and another co-accused, namely Jano Manjhi tried to control Bharat Manjhi(deceased) after which he blew axe upon his father Beni Manjhi(petitioner) from its blunt side and then Beni Manjhi reacted upon him and with the same axe, he blowed it twice upon the Bharat Manjhi(deceased) after which he instantly fell
Patna High Court CR. MISC. No.40006 of 2025(3) dt.20-08-2025 2/3
down and died. It is further alleged that after death of Bharat Manjhi(deceased) the petitioner and another co-accused in order to conceal the evidence took away the dead body and throw it in the paddy field of Lattu Manjhi.
Patna High Court CR. MISC. No.40006 of 2025(3) dt.20-08-2025 3/3
alleged occurrence and there is no criminal antecedent against the petitioner. So, considering all aspects of the case and submission made by learned counsel for the petitioner, let the above named petitioner be released on bail, on his 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, Jamui in connection with Jhajha P.S. Case No.416 of 2024.
(Ramesh Chand Malviya, J)
Harshita/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case alleging culpable homicide/attempted murder under BNS.
Whether lack of eye witness testimony and false implication bars the grant of bail.
1 provisions across 1 enactments
Beni Manjhi
The State of Bihar
RAMESH CHAND MALVIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
