Patna High Court
Nagendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
Nagendra Manjhi was arrested in connection with offences under Sections 302, 201 and 120B of the Indian Penal Code for the alleged abduction and killing of a child. He applied for regular bail, asserting a clean antecedent and that he had been in custody since 5 July 2025. His counsel highlighted that a co‑accused, Idu @ Saif Ali, had been granted bail in a similar case (Cr. Misc. No.34841 of 2024) and argued that parity required the same relief. The State opposed the bail but could not refute the earlier order. The High Court, after considering the parity argument, directed that the petitioner be released on bail upon furnishing a bond of Rs. 25,000 with two sureties, subject to cancellation if he attempts to delay the trial.
Issues considered
- Whether bail should be granted in a case involving murder, kidnapping and criminal conspiracy under Sections 302, 201 and 120B IPC.
- Whether the earlier bail order in the case of Idu @ Saif Ali creates a binding precedent (parity) for granting bail to the petitioner.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302
Subjects
- bail
- murder
- kidnapping
- criminal conspiracy
- IPC
- parity
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2763 of 2026
Arising Out of PS. Case No.-45 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Nagendra Manjhi S/O Gyani Manjhi Resident of village- Sariswa (Oraiya),
P.S.- Harsidhi, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
Ms. Harsha Shashwat
For the Opposite Party/s : Mr. Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 302, 201 and 120B of the
Indian Penal Code.
3. The learned counsel for the petitioner submits that
the petitioner is in custody since 05.07.2025 and is a person
with clean antecedent. It is next submitted that from perusal of
the allegation as alleged in the FIR, it would manifest that the
informant alleges that on 28.01.2024 at about 5.00 P.M., the
petitioner along with Idu @ Saif @ Saif Ali and two unknown
persons came and took her son Sameer Alam with them,
thereafter the son of the informant did not return back till night,
Patna High Court CR. MISC. No.2763 of 2026(2) dt.21-04-2026
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thereafter the informant and his family members started
searching and during course of search, they found the dead body
of Sameer near Jharwa Dariyapur in a bush, thus alleges that her
son was killed by the accused persons including the petitioner.
4. The learned counsel for the petitioner submits that
Idu @ Sai @ Saif Ali had approached this Court seeking regular
bail by filing Cr. Misc. No.34841 of 2024 and the same came to
be allowed by an order dated 20.09.2024. It is next submitted
that case of the petitioner is akin to the case of Saif Ali, as such,
based on parity the petitioner be also released on bail. It is also
submitted that if petitioner is granted the privilege of bail, the
petitioner will not abscond rather will cooperate in the trial to
prove his innocence.
5. Learned A.P.P. opposes the bail application, but
then, is not in a position to rebut the submission of the learned
counsel appearing on behalf of the petitioner after going through
the order dated 20.09.2024 in Cr. Misc. No.34841 of 2024 that
the case of the petitioner is akin to the case of Saif Ali.
6. After hearing the learned counsel for the parties
and taking into consideration the order dated 20.09.2024 in Cr.
Misc. No.34841 of 2024 (Idu @ Saif @ Saif Ali vs. the State of
Bihar), the petitioner, above-named, is directed to be released on
Patna High Court CR. MISC. No.2763 of 2026(2) dt.21-04-2026
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bail on his furnishing bail-bonds in the sum of Rs. 25,000/-
(Rupees Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of learned Court below where
the case is pending in connection with Harsidhi P. S. Case No.45
of 2024.
7. The application stands allowed.
8. However, it is made clear that if the learned trial
court comes to a conclusion that petitioner after his release is
trying the delay the trial in any manner, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner after
recording reasons.
(Satyavrat Verma, J)
vikash/-
U T
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