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Patna High Court

Mangla Rishi @ Manglu Rishi @ Bhaglu RishiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.4796 of 2026(4) dt.18-03-2026
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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,
Patna High Court CR. MISC. No.4796 of 2026(4) dt.18-03-2026
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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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