Patna High Court
Mangla Rishi @ Manglu Rishi @ Bhaglu RishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
Mangla Rishi was arrested in connection with a 2020 case involving alleged witchcraft and violent offences under IPC sections 341, 342, 328, 302/34 and Section 9 of the Prevention of Witch Act. He has been in judicial custody since 23 March 2024 and sought bail, claiming he was falsely implicated and that the prosecution’s case rests only on suspicion with no material evidence. The counsel highlighted that co‑accused persons had already been granted bail and that the trial court had framed charges but not examined any witnesses, indicating a likely delay in trial. The State opposed bail, but the High Court considered the length of custody, lack of evidentiary progress, and the petitioner’s clean antecedent. Consequently, the Court ordered his release on bail with a bond of Rs 10,000 and specific conditions regarding trial cooperation and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the length of pre‑trial detention
- Whether the prosecution’s reliance on mere suspicion without substantive evidence justifies continued custody
- Whether the delay in trial proceedings warrants the grant of bail
Legislation cited
- Indian Penal Code — s. 302, 328, 34, 341, 342
Subjects
- bail
- pre‑trial detention
- Indian Penal Code
- witchcraft
- suspicion
- trial delay
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4796 of 2026
Arising Out of PS. Case No.-324 Year-2020 Thana- KORHA District- Katihar
======================================================
Mangla Rishi @ Manglu Rishi @ Bhaglu Rishi S/o Gandhi Rishi Resident of
Village- Parmanand Ghat tola, PS- Korha, Dist.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-03-2026 Heard Mr. Raghvendra Kumar Singh, learned counsel
for the petitioner and Mr. Vinod Shanker Modi, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
23.03.2024 in connection with Korha P.S. Case No. 324 of
2020, S.T. No. 92/2024 F.I.R. dated 10.07.2020 for the offences
punishable under Sections 341 342, 328, 302/34 of the Indian
Penal Code and section 9 of Prevention of Witch Act.
3. The prosecution case in short is that on 10.07.2020
at about 14 hours AM villager Geeta Devi went to the Kali
Mandir and started to trembling and told to the villagers that
Devi has come upon her and told that Baijnath Rishi has to be
ousted from village or get him consume dirt. It is further stated
that all accused persons including petitioners gave dirt to his
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father to consume. It is further stated that any how the informant
brought his father at his house and tried to save him but his
father become restless.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. The petitioner is not named in
the FIR and the name of the petitioner has been transpired
during investigation on the basis of suspicion and except the
suspicion, no other cogent material has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence. Further submits that on
the basis of suspicion, co-accused person, namely, Geeta Devi
has been granted bail by a coordinate Bench of this Hon’ble
Court vide order dated 12.07.2021 passed in Cr. Misc. No.
36799/2020, co-accused person, namely, Bhikari Rishi has been
granted bail by this Court vide order dated 21.01.2022 passed in
Cr. Misc. No. 49039/2021 and co-accused person, namely,
Sikandar Rishi has been granted bail by a coordinate Bench of
this Hon’ble Court vide order dated 13.01.2023 passed in Cr.
Misc. No. 59025/2022 and the Police, after investigation,
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submitted the charge-sheet against the petitioner and the
petitioner is in judicial custody since 23.03.2024.
5. Vide order dated 25.02.2026, a report was called for
with regard to stage of trial. Report dated 28.02.2026 of the
learned Trial Court reveals that charge has been framed against
the petitioner but the prosecution has not examined any
witnesses as yet.
6. Learned counsel for the petitioner submits that in
view of the report of learned Trial Court that there is no chance
of early conclusion of the trial in near future and the petitioner is
in custody since 23.03.2024 almost two years.
7. Learned APP for the State has vehemently opposed
the prayer for bail.
8. Considering the aforesaid facts and circumstances
and also the report of the learned trial court and period of
custody of the petitioner, let the petitioner, 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 the learned Additional Sessions Judge-III,
Katihar, in connection with Korha P.S. Case No. 324 of 2020,
S.T. No. 92/2024, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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