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Patna High Court

Manoj MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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