Patna High Court
Manish Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and conditions of cooperation with the trial.
Summary
The petitioner, Manish Kumar Manjhi, applied for regular bail in a murder case (Gaya Muffasil P.S. Case No. 607 of 2024) under Sections 103(1) and 3(5) of the BNS. He alleged that he was merely a friend of the deceased and had no involvement in the killing, noting that the sole eyewitness, the mother of the deceased, had turned hostile and there were no other witnesses. The State opposed bail, emphasizing the hostile witness and the seriousness of the charge. The court examined the lack of eyewitness testimony, the petitioner’s clean antecedents, and the hostile witness, and concluded that bail could be granted with conditions. Accordingly, the court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial, directing his release on bail.
Issues considered
- Whether regular bail should be granted to the accused in a murder case where the sole witness is hostile and there is no eyewitness evidence.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- murder
- hostile witness
- regular bail
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50101 of 2025
Arising Out of PS. Case No.-607 Year-2024 Thana- GAYA MUFASIL District- Gaya
======================================================
Manish Kumar Manjhi S/O Late Raju Manjhi @ Raju Manjhi R/O Mohalla-
Andar Ramna, Near Majar Inside Mamaji's lane, P.S- Civil Lines, Distt.-
Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar, Adv.
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 13-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Gaya Muffasil P.S. Case No. 607 of 2024, registered for the
offences punishable under Sections 103(1) & 3(5) of the BNS.
3. The allegation against the petitioner is that on
19.07.2024, he, along with some unknown persons, committed the
murder of the informant’s son.
4. The learned counsel for the petitioner has submitted
that the petitioner is a friend of the deceased and though he went
with him, has no complicity in the alleged occurrence. None has
seen the occurrence and the mother of the deceased (the
informant) has turned hostile during the trial. The petitioner is a
person of clean antecedent and has been in custody since
Patna High Court CR. MISC. No.50101 of 2025(5) dt.13-01-2026
2/2
24.07.2024.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail and submitted that the informant, who
is the mother of the deceased, has become hostile.
6. There is no eye witness and the informant has
become hostile.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
ADJ-XIV, Gaya/concerned court in connection with Gaya Muffasil
P.S. Case No. 607 of 2024, subject to the following conditions that
the petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
8. The petitioner shall cooperate in the disposal of
trial and make himself available on each and every date till
conclusion of the trial.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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