IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50218 of 2008 RAJNANDAN MANJI @ RAJNANDAN MANJHI Versus STATE OF BIHAR ----------- For the petitioner : Mr. Satish Chandra, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ------- 4 21.4.2009 Heard learned counsel for petitioner RAJNANDAN MANJI @ RAJNANDAN MANJHI, one of the FIR named accused of Naubatpur P.S. Case No. 80 of 2007 registered under sections 302/34 IPC who is in custody since 11.8.2008 in connection therewith. Although the petitioner is named in the FIR it appears that informant Krishna Kumar Manjhi on getting information from one of co-villagers, Akhilesh Manjhi, that his father has been killed rushed to the spot where co-villager Prahalad Singh informed him that his father has been assaulted to death by the three sons of Dashrath Manjhi. The submission is that there is no specific allegation of any overt act committed by the petitioner. Save and except Prahalad Singh there does not appear to be any eye witness of the occurrence and none of the witnesses examined in course of investigation appear to have supported the prosecution story. The learned Sessions Judge while rejecting the prayer for bail of the petitioner has referred to paragraph nos. 71, 71 and 72 of the case diary which are the statements of Prahalad Singh, Raj Kumar Manjhi and Anant Majhi of which the statement of Raj Kumar Manjhi and Anant Majhi appears to be those of hearsay and only Prahalad Singh appears to have supported the prosecution case and has also named the three sons of Dashrath Manjhi one of - 2 - whom is the petitioner. The post mortem report indicates that there were linear bruises over right side of chest and in the opinion of the doctor cause of death could be blunt injury over chest by heavy object causing damage to left lung with profuse bleeding internally leading to shock and death. In the facts and circumstances of the case the petitioner RAJNANDAN MANJI @ RAJNANDAN MANJHI is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Addl. Chief Judicial Magistrate, Danapur in connection with Naubatpur P.S. Case No. 80 of 2007. Spd/- (Abhijit Sinha, J.)