Patna High Court
Gopal ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to a bail bond of Rs. 10,000 with two sureties and verification of the children’s residence.
Summary
The petitioner, Gopal Manjhi, applied for regular bail in a session trial (No. 1111/2025) concerning charges under Sections 80(2) and 3(5) of the B.N.S., alleged to have killed his wife. He claimed innocence, a clean antecedent, and highlighted the hardship faced by his two children due to the prolonged custody since May 2, 2025. The State opposed the bail, but the court considered the length of custody, trial delay, and the petitioner’s family circumstances. The court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount, subject to verification that the children reside with him. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused under Sections 80(2) and 3(5) of the B.N.S. considering the custody period, trial delay, and family circumstances.
Legislation cited
- B.N.S. — s. 3(5), 80(2)
Subjects
- regular bail
- criminal procedure
- Section 80(2) B.N.S.
- Section 3(5) B.N.S.
- trial delay
- children welfare
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5850 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Gopal Manjhi S/O Barho Manjhi @ Vado Manjhi R/O Village- Dohari, P.S-
Muffasil, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Session Tr. No. 1111/2025, arising out of Muffasil P.S. Case No.
319 of 2025, registered for the offence under Sections 80(2),
3(5) of the B.N.S.
3. The petitioner is the husband of the deceased. He is
said to have killed the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Learned counsel further submits that the deceased was not killed
by the petitioner. He further submits that he has two children
living with the petitioner’s family and they are suffering because
of the delay in trial. Petitioner is in custody since 02.05.2025
Patna High Court CR. MISC. No.5850 of 2026(4) dt.09-04-2026
2/3
and has clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, period of custody and delay in trial, this application for
grant of regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.S.J.-II, Gaya/concerned Court
below in connection with Session Tr. No. 1111/2025, arising out
of Muffasil P.S. Case No. 319 of 2025, subject to condition that:
(i). At the time of
accepting bail bond, the court below
will verify the fact that as to
whether the two children are staying
with the family of the petitioner. If
the children are found to be staying
with the family of the petitioner, the
bail bond shall be accepted
otherwise appropriate order shall
be passed.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.5850 of 2026(4) dt.09-04-2026
3/3
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
Checking your session…