Somali ManjhiversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4465 of 2025
                       Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
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           1.     Somali Manjhi S/O Vijay Manjhi Resident of village- Panchupar, Mushari,
                  P.S.- Hisua, District- Nawada.
           2.    Anil Manjhi @ Anil Rajvanshi S/O Ramdeo Manjhi Resident of village-
                 Panchupar, Mushari, P.S.- Hisua, District- Nawada.
           3.    Gauri Devi W/O Rambali Manjhi Resident of village- Panchupar, Mushari,
                 P.S.- Hisua, District- Nawada.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Samudri Devi W/O Late Gaya Manjhi Resident of village- Panchupar,
                 Mushari, P.S.- Hisua, District- Nawada.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s     :        Mr. Krishna Deo Raj, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   08-05-2026                  Heard learned counsel for the appellants and learned

                   Spl. P.P. for the State.

                               2. This is an appeal under Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989

                   (hereinafter referred to as the “SC/ST Act”) against the refusal

                   of prayer for bail vide order dated 09.10.2025 passed by the

                   learned Exclusive Special Judge, SC/ST (POA) Act, Nawada in

                   connection with Hisua P.S. Case No. 507 of 2025 registered for

                   the offences punishable under Sections 191(2), 190, 103(1),

                   103(2), 115(2) & 109 of the Bharatiya Nyaya Sanhita, 2023,
Patna High Court CR. APP (SJ) No.4465 of 2025(5) dt.08-05-2026
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          under Sections 3 and 4 of the Bihar Witch Crafts Practice Act

          and under Sections 3(1)(r)(s), 3(2)(v) of the SC/ST Act.

                       3. The case of the respondent, in short, is that the

          appellants along with other co-accused persons have murdered

          the husband of informant and they also decided to burn the

          informant Samudri Devi with deceased Gaya Manjhi.

                       4. Learned counsel for the appellant submits that

          appellants are innocent and have falsely been implicated in the

          present case due to dirty village politics. Charge-sheet has been

          submitted in this case. No specific allegation is against the

          appellants. Main thrust of allegation is against one co-accused

          Mohan Manjhi. Learned counsel for the appellants further

          submits that the appellants have not taken the caste name of the

          respondent in public view. Hence, no offence under the

          provisions of SC/ST Act is made out against her. The appellants

          have no intention to disgrace the image of the respondent in

          public view. There is no specific allegation of assault against the

          appellants. Moreover, they are languishing in judicial custody

          since 28.08.2025 and they are having no criminal antecedent.

          Learned counsel for the appellants has further submitted that

          similarly situated co-accused person has already been granted

          bail by this court vide Cr. APP(SJ) No. 4773 of 2025.
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                                   5. Learned Spl.P.P. for the State has vehemently

                      opposed the prayer for grant of bail to the appellants.

                                   6. In view of the submissions made by the learned

                      counsel for the appellants, the order dated 09.10.2025 passed by

                      the learned Exclusive Special Judge, SC/ST Act, Nawada in

                      connection with Hisua P.S. Case No. 507 of 2025 is hereby set

                      aside and the appellants above-named, be released on bail on

                      furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

                      each with two sureties of the like amount each to the satisfaction

                      of the learned court of Exclusive Special Judge, SC/ST Act,

                      Nawada in connection with Hisua P.S. Case No. 507 of 2025.

                                   7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T