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Patna High Court

Rahul ManjhiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant with conditions, setting aside the lower court’s refusal.

Summary

The appellant, Rahul Manjhi, was arrested in connection with FIR No.568 of 2022 alleging offences under Sections 341, 323, 504, 506, 307, 376(D) of the IPC and Section 3(1)(r)(s) of the SC/ST Act. His bail applications had been rejected twice and he had been in custody for over three years without the trial progressing, as only five of ten charge‑sheet witnesses had been examined. The appellant argued that the allegations were fabricated, that co‑accused had been granted bail, and that the prolonged detention violated his right to a speedy trial. The State opposed bail, citing the appellant’s presence at the scene and two prior criminal antecedents. The High Court, considering the length of pre‑trial detention, the delay in trial, and the appellant’s claim of innocence, set aside the lower court’s order and granted bail with strict conditions, thereby allowing the appeal.

Issues considered

  • Whether the appellant is entitled to bail under Section 14(A)(2) of the CrPC despite prolonged pre‑trial detention.
  • Whether the trial delay and incomplete examination of witnesses justify granting bail.
  • Whether the appellant’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • trial delay
  • criminal antecedents
  • Section 14A
  • SC/ST Act
  • IPC offences
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.860 of 2026
                       Arising Out of PS. Case No.-568 Year-2022 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Rahul Manjhi S/O Bhuneshwar Manjhi R/O Vill.- Chapri, P.S.- Fatehpur,
                 Dist.- Gaya Ji.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Permanand Paswan S/O Late Baleshwar Paswan R/O Vill.- Chapri, P.S.-
                 Fatehpur, Dist.- Gaya Ji.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Praveen Kumar, Advocate
                 For the Respondent/s    :        Mrs. Usha Kumari 1, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   25-06-2026                      Despite valid service of notice upon Respondent

                   No.2, no one appeared on behalf of Respondent No.2.

                                2. Heard Mr. Praveen Kumar, learned counsel for

                   the appellant as well as Ms. Usha Kumari 1, learned Spl.P.P. for

                   the State.

                                3. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 05.01.2026

                   passed by the learned Court of Exclusive Special Judge-SC/ST ,

                   Gayaji in connection with Fatehpur P.S. Case No. 568 of 2022,

                   F.I.R. dated 11.09.2022 registered under Sections 341, 323, 504,

                   506, 307, 376(D) of Indian Penal Code and 3(1)(r)(s) of the

                   Scheduled Castes and Scheduled Tribes Act.
Patna High Court CR. APP (SJ) No.860 of 2026(3) dt.25-06-2026
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                       4. Earlier the bail application of the appellant has been

          rejected twice in Cr. Appeal(SJ). No. 4118 of 2022 and Cr.

          Appeal No(SJ). 623 of 2025 vide order dated 23.03.2023 and

          16.05.2025.

                       5. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. He further submits that the allegation as alleged in

          the F.I.R. is false and fabricated and the appellant has not

          committed any offences as alleged in the F.I.R. He further

          submits that similarly situated co-accused persons, namely,

          Vikram Manjhi and Biskarma Manjhi @ Vishwakarma Manjhi

          have been granted the privilege of bail by different the co-

          ordinate Benches of this Court vide order dated 06.07.2023 and

          16.05.2023 in Cr. Appeal (SJ) No.849 of 2023 and Cr. Appeal

          (SJ) No.1259 of 2023 and the police, after investigation,

          submitted charge sheet against the appellant. The appellant is in

          custody since 19.09.2022 and the trial is not in progress.

                       6. Vide order dated 10.04.2026 a report was called

          with regard to stage of the trial. Report of the learned Trial

          Court dated 17.04.2026 reveals that out of ten charge sheet

          witnesses only five witnesses have been examined.

                       7. Learned counsel for the petitioner submits that in
Patna High Court CR. APP (SJ) No.860 of 2026(3) dt.25-06-2026
                                             3/4




          view of the report of the learned Trial Court the trial is not likely

          to be concluded in the near future and the petitioner is in

          custody 19.09.2022 i.e. for about three years and nine months.

                       8. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for bail of the appellant and

          submits that from bare perusal of the statement of the accused

          Bhola Singh, it appears that appellant was present at the place of

          occurrence and apart from that, the appellant carries two

          criminal antecedents other than the present one.

                       9. Considering the facts and circumstances of the case

          and period of custody of the appellant, let the appellant, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Court of Exclusive Special

          Judge-SC/ST , Gayaji in connection with Fatehpur P.S. Case No.

          568 of 2022, with other following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the
            Patna High Court CR. APP (SJ) No.860 of 2026(3) dt.25-06-2026
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                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the appellant and in case at

                      any stage it is found that the appellant have concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the appellant. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.

                                   10. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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