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2025 DAILYLAW 44590 (PAT)

Malikar Manjhi v. The State of Bihar

CR. MISC./36110/2025 · 2025-06-17

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36110 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Malikar Manjhi S/o Late Chhathu Manjhi R/o Village- Sripur Rammpur Musahari Tola, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sachina, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-06-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 56 of 2025 instituted for the offences under Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 3(5) of the BNS. 3. Prosecution case, in short, is that on the alleged date and time of occurrence, the petitioner and other co-accused persons forcibly entered the informant’s house, brutally assaulted him and his family members, looted valuables. It is specifically alleged that this petitioner assaulted the informant on his head by means of kudaal. 4. Learned counsel for the petitioner submitted that the Patna High Court CR. MISC. No.36110 of 2025(2) dt.17-06-2025 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. The only specific allegation against the petitioner is that he assaulted the informant on his head by means of kudaal which is a sharp cutting weapon but the injury report shows only one injury caused by hard and blunt substance and therefore, the allegation against the petitioner is false and concocted. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.02.2025 and has no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, injury report as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner 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 Court below/concerned Court in connection with Sugauli P.S. Case No. 56 of 2025, subject to the following conditions: Patna High Court CR. MISC. No.36110 of 2025(2) dt.17-06-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Alok Verma/- (Rudra Prakash Mishra, J) U T