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Patna High Court

Nagendra ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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