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Patna High Court

Gopal ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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