Created by Fuzzy Cloud

Patna High Court

Sohan ManjhiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.72892 of 2025(3) dt.13-01-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.72892 of 2025(3) dt.13-01-2026
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.