Patna High Court
Arjun Manjhi @ Arjun Kumar ManjhiversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appellate court set aside the lower court's refusal of bail and granted bail to the appellants.
Summary
The appellants Arjun Manjhi, Ajay Manjhi and Janta Manjhi were charged with murder of Gaya Manjhi and the attempted burning of Samudri Devi under several provisions of the Bharatiya Nyaya Sanhita, 2023, the Bihar Witch Crafts Practice Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They contended that they were falsely implicated due to village politics, that no specific allegation of caste‑based insult or assault was made against them, and that they had no prior criminal record. The Special Judge had refused bail on 18‑Nov‑2025. On appeal, the High Court examined whether the allegations fell within the ambit of the SC/ST Act and whether bail could be denied given the seriousness of the charges. The Court found that the prosecution had not demonstrated a specific caste‑based offence by the appellants and that they were entitled to bail. Consequently, the order refusing bail was set aside and the appellants were released on bail, with the appeal allowed.
Issues considered
- Whether the allegations against the appellants constitute an offence under the SC/ST Act, 1989.
- Whether bail can be granted to the appellants pending trial for offences under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Witch Crafts Practice Act.
- Whether the lower court's refusal of bail was justified in view of the lack of specific caste‑based allegations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 103(2), 109, 115(2), 190, 191(2)
- Bihar Witch Crafts Practice Act — s. 3, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- SC/ST Act
- caste atrocity
- murder
- witchcraft act
- criminal procedure
- exclusive special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.81 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
======================================================
1. Arjun Manjhi @ Arjun Kumar Manjhi Son of Mithu Manjhi Resident of
Village- Panchugarh, Mushari, P.S. - Hisua, District- Nawada.
2. Ajay Manjhi @ Ajay Kumar Manjhi Son of Suresh Manjhi Resident of
Village- Panchugarh, Mushari, P.S. - Hisua, District- Nawada.
3. Janta Manjhi Son of Lakhan Manjhi Resident of Village- Panchugarh,
Mushari, P.S. - Hisua, District- Nawada.
... ... Appellant/s
Versus
1. The State Of Bihar Patna
2. Samudri Devi Wife of Late Gaya Manjhi Resident of Village- Panchugarh,
Musahari, P.S.- Hisua, District- Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Man Mohan Kumar, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 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 18.11.2025 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.81 of 2026(4) dt.08-05-2026
2/3
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 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 29.09.2025 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.
Patna High Court CR. APP (SJ) No.81 of 2026(4) dt.08-05-2026
3/3
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 18.11.2025 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/-
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