Patna High Court
Jano Manjhi @ Janeshwar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Jano Manjhi, was arrested in connection with a murder case (Jhajha PS Case No. 416 of 2024) alleged under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the petitioner, together with co‑accused, killed Bharat Manjhi with an axe and concealed the body. The petitioner contended that he was falsely implicated, that no specific overt act was attributed to him, and that the only specific allegation of assault pertained to co‑accused Beni Manjhi, who had already been granted bail. He had been in custody since 30‑03‑2025 and had no prior criminal record. The Court, considering the lack of direct evidence, the principle of parity with the co‑accused, and the period of custody already served, decided to grant bail on the condition of a cash bond and two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a murder case where he claims false implication and no specific overt act is alleged.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- murder
- false implication
- parity
- custody
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69362 of 2025
Arising Out of PS. Case No.-416 Year-2024 Thana- JHAJHA District- Jamui
======================================================
Jano Manjhi @ Janeshwar Manjhi S/O Beni Manjhi R/O Village- Foksa, P.S-
Jhajha, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Jhajha
P.S. Case No. 416 of 2024 instituted for the offences under
Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that the petitioner,
along with co-accused, assaulted Bharat Manjhi with an axe
causing his death, and thereafter shifted the dead body to a
paddy field to conceal the offence.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
Patna High Court CR. MISC. No.69362 of 2025(3) dt.20-02-2026
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omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The specific
allegation of assaulting the deceased is against co-accused Beni
Manjhi who has already been granted bail by a coordinate
Bench of this Court vide order dated 20.08.2025 passed in Cr.
Misc. No. 40006 of 2025. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 30.03.2025 and
has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jhajha P.S. Case No.
416 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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