Patna High Court
Manoj MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to a cash bond and surety conditions.
Summary
Manoj Mahto was arrested in connection with a case under Sections 316(2), 318(4), 303(2), 316(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. An earlier bail application was rejected, with the court allowing a fresh application after five months. The petitioner argued that he had been in custody since 17 May 2025, had no prior criminal record, only one witness had been examined, and the trial was unlikely to conclude soon, invoking Article 21 of the Constitution. The State opposed bail. Considering the prolonged detention, lack of serious antecedents and the pending trial, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and appearance in court.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the charges under the Bharatiya Nyaya Sanhita.
- Whether prolonged pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 316(2), 316(5), 318(4), 61(2)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33316 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- TARAIYA District- Saran
======================================================
Manoj Mahto S/o Ramjit Mahato R/o Village - Gopalpur, P.S - Basantpur,
District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Taraiya
P.S. Case No. 132 of 2025 instituted for the offence under
Sections 316(2), 318(4), 303(2), 316(5), 61(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. Earlier, vide order dated 07.10.2025 passed in Cr.
Misc. No. 46173 of 2025, regular bail of the petitioner was
rejected by this Court considering the the fact that the
misappropriated sum was recovered from the house of the
petitioner, with a liberty to renew the prayer after five months if
the trial is not concluded.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33316 of 2026(2) dt.15-05-2026
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present one is the second attempt for grant of regular bail to the
petitioner in the light of the observation recorded by this Court
while rejecting the earlier bail application of the petitioner. It is
mainly submitted that charge in this case, cognizance has been
taken on 26.08.2025 and charges have been framed on
20.09.2025 and only one witness has been examined as stated in
paragraph no. 11 of the present bail application. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 17.05.2025 and has no criminal antecedent.
Learned counsel further submits that there is no likelihood of
the trial being concluded in the near future. Learned counsel
goes on to submit that the continued incarceration of the
petitioner without conclusion of trial amounts to a gross
violation of the fundamental right guaranteed under Article 21
of the Constitution of India, which is reiterated by Hon’ble
Apex Court in plethora of judgments.
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 as also the period of custody of the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.33316 of 2026(2) dt.15-05-2026
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bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Taraiya P.S. Case
No. 132 of 2025, subject to the following conditions:
(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.
(Rudra Prakash Mishra, J)
Alok Verma/
Sukriti/-
U T
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