Patna High Court
Bija Manjhi @ Mahadeo Manjhi @ Mahdev ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that regular bail may be granted to the petitioners despite the serious nature of the offence, considering their age, lack of antecedents, and that the charge sheet has been filed.
Summary
The petitioners, aged 80 and 75, applied for regular bail in a murder case (Sections 302/34 IPC) where their son, Kudish Manjhi, was the principal accused. The prosecution alleged that Kudish assaulted the informant's husband, who later died, and the petitioners were implicated merely as parents. The petitioners argued they were falsely implicated, had no criminal antecedent, the charge sheet was already filed, and they posed no flight risk. The State opposed bail. Considering the petitioners' advanced age, lack of prior record, the filing of the charge sheet, and the fact that they had already been in custody for several months, the court granted bail on a bond of Rs.10,000 each with two sureties.
Issues considered
- Whether regular bail can be granted to accused persons in a murder case under Sections 302 and 34 IPC given the seriousness of the offence
- Whether the petitioners' age, lack of antecedents, and the filing of the charge sheet justify bail
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- criminal procedure
- high court
- elderly accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11278 of 2026
Arising Out of PS. Case No.-106 Year-2000 Thana- PAKARIBARAW District- Nawada
======================================================
1. Bija Manjhi @ Mahadeo Manjhi @ Mahdev Manjhi S/o Late Thega Manjhi
Resident of village -Gopalpur Mushari tola, P.s - Pakaribarwan, District
Nwada, At present resident of village- Rewar, P.s- Dhamaul, District -
Nawada
2. Chando Devi W/o Bija Manjhi @ Mahadeo Manjhi Resident of village
-Gopalpur Mushari tola, P.s - Pakaribarwan, District Nwada, At present
resident of village- Rewar, P.s- Dhamaul, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners seek regular bail in a case registered
under Sections 302/34 of the I.P.C.
3. As per prosecution case, it is alleged that on the
date of alleged occurrence, while the informant and her husband
was sitting out of her door and upon killing of her hen by
someone, her husband was abusing, in the meantime, the
accused persons including petitioners came there and co-
accused Kudish Manjhi (son of petitioners) assaulted the
informant’s husband with pajauna due to which he sustained
Patna High Court CR. MISC. No.11278 of 2026(2) dt.24-02-2026
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injury. Thereafter on the next morning, the husband of the
informant died during course of treatment.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. No specific allegation is attributed to the petitioners rather
specific allegation is against co-accused Kudish Manjhi and
being the parents of Kudish Manjhi, petitioners have been
dragged in the present case. Petitioners are aged about 80 and
75 years respectively. After investigation, the charge sheet has
already been submitted and there is no chance of absconding of
the petitioners or tampering with the evidence. Charge has also
been framed in the present case. Petitioners are in jail since
03.09.2025 having no criminal antecedent and they undertake to
cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioners.
6. Considering the facts and circumstances of the
case, allegations against the petitioners, submissions of the
parties and the fact that charge sheet has already been submitted,
no criminal antecedent of petitioners, the period of custody
undergone by them and the fact that charge has also been
framed in this case, let the above named petitioners be released
Patna High Court CR. MISC. No.11278 of 2026(2) dt.24-02-2026
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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 learned District and Additional Sessions Judge-V,
Nawada/concerned court in connection with Pakaribarawan P.S.
Case No.106 of 2000 corresponding to Sessions Trial No.590 of
2025.
(Sunil Dutta Mishra, J)
Harish/-
U T
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