Patna High Court
Sohan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail application was denied.
Summary
The petitioners Sohan Manjhi and Mohan Manjhi were charged under IPC Sections 147, 341, 323, 504, 307 and later 302 for rioting, assault and murder. They sought bail, asserting innocence, lack of incriminating material and no prior criminal record. The prosecution alleged they assaulted an informant and his brother, leading to the brother's death from head injuries inflicted with a blunt object. The State opposed bail, citing specific allegations and corroborative witness testimony. The Court, considering the seriousness of the offences and the evidence, rejected the bail application and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused persons charged with offences under Sections 147, 341, 323, 504, 307 and 302 of the IPC.
Legislation cited
- Indian Penal Code — s. 147, 302, 307, 323, 341, 504
Subjects
- bail
- Indian Penal Code
- rioting
- assault
- murder
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72892 of 2025
Arising Out of PS. Case No.-259 Year-2019 Thana- SAHPUR District- Patna
======================================================
1. Sohan Manjhi S/O Tara Manjhi R/O Village - Thudhi, Bara Musahari, P.S-
Shahpur,Dist- Patna.
2. Mohan Manjhi S/O Tara Manjhi R/O Village - Thudhi, Bara Musahari, P.S-
Shahpur,Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners, learned
APP for the State and perused the case diary.
2. The petitioners seek bail in connection with
Shahpur P.S. Case No. 259 of 2019, instituted for the offences
punishable under Sections 147, 341, 323, 504, 307 of the Indian
Penal Code and later on Section 302 of the Indian Penal Code
was added.
3. The prosecution case, in short, is that the petitioners
along with other co-accused persons abused and assaulted the
informant and his brother. It is further alleged that they
sustained injuries and their mobile and cash were also snatched
by the accused persons. It is further alleged that younger brother
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of the informant succumbed to his injuries in course of
treatment.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material have been recovered
from the conscious possession of the petitioners. Learned
counsel for the petitioners also submits that no specific
allegation has been attributed against the petitioners rather the
same is general and omnibus in nature. It is next submitted that
the occurrence happened due to trivial issue and there was no
any intention or motive to kill the deceased. The petitioners are
in custody since 17.07.2025 and have got no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners and submits that
there is specific allegation of assault against the petitioners. The
witnesses have also supported the case of prosecution. On
perusal of post-mortem report of the deceased, it transpires that
cause of death is mentioned as head injury made with hard and
blunt object. Hence, the petitioners do not deserve the privilege
of bail.
6. Considering the aforesaid facts and circumstances
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of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioners.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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