Patna High Court
Shailesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners subject to stringent conditions under Section 438(2) of the Criminal Procedure Code.
Summary
Petitioners Shailesh Manjhi and Ramakant Manjhi sought anticipatory bail fearing arrest in a case (No. 654/2024) involving alleged threats, murder of a woman’s son and alleged sheltering of the killers, with charges under sections of the Bihar Narcotic Substances Act and the Arms Act. The prosecution alleged that the petitioners aided the murderers, while the petitioners contended that the complainant was not an eyewitness and that paragraph 113 of the case diary showed they were not present at the crime scene. The court examined the submissions and the diary entry, and, considering the possibility of the petitioners cooperating with the trial, decided to grant anticipatory bail. The bail was ordered under Section 438(2) of the Criminal Procedure Code with conditions including a cash bail of Rs.10,000, sureties, regular appearance before the trial court and police, and a prohibition on tampering with witnesses or committing further offences. The order reflects the court’s balancing of the petitioners’ right to liberty against the State’s interest in ensuring a fair trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the allegations of sheltering murderers.
- Whether the evidence, particularly paragraph 113 of the case diary, negates the prosecution’s case and warrants bail.
- Whether the nature of the offences under the Bihar Narcotic Substances Act and the Arms Act precludes anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Narcotic Substances Act — s. 103(1), 3(5), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Arms Act
- Bihar Narcotic Substances Act
- bail conditions
- murder
- sheltering accused
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7542 of 2026
Arising Out of PS. Case No.-654 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Shailesh Manjhi S/O Bhagwan Manjhi R/O Village- Pirauna, P.S.- Chapra
Garkha, District- Saran
2. Ramakant Manjhi S/O Late Hikayat Manjhi R/o Village- Mehiyan, P.S.-
Chapra Muffasil, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Adv.
For the Opposite Party/s : Mrs. Asha Kumari, aPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard Mr. Harish Kumar, learned Counsel for the
petitioners and Mrs. Asha Kumari, learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Chapra Muffasil P.S. Case No. 654 of 2024 for the offence
registered under sections 103(1), 61(2), 3(5) of BNS and 25(1-b)a,
26, 27 and 35 of Arms Act.
3. As per the prosecution story, the informant alleged that
the accused persons used to threaten her of dire consequences if the
earlier case lodged is not withdrawn. Later, allegation is that Anup
Kumar along with other associates including these petitioners killed
her son on Ara-Mohania four lane. The allegation is that these
petitioners also gave shelter to the killers of her son. This led to the
FIR.
Patna High Court CR. MISC. No.7542 of 2026(3) dt.01-04-2026
2/3
4. Learned Counsel for the petitioners submit that the lady
is not an eye-witness to the occurrence, only due to earlier enmity,
they have been implicated and has taken this Court to paragraph 113
to show that the tower location of these petitioners was not at the
place where the son of the lady, Raunak Kumar was killed.
5. Learned APP for the State, on the other hand, opposes
the prayer for anticipatory bail submitting that allegation of shelter is
there.
6. Considering the submissions of the parties as also the
paragraph 113 of the case diary that has been pointed by the
petitioner, an undertaking has been given that they shall be diligently
appearing in trial and in no way, will try to derail the trial, in that
background, this Court is inclined to grant them the anticipatory bail
with conditions.
7. Let the petitioners in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned C.J.M., Saran, Chapra in
connection with Chapra Muffasil P.S. Case No. 654 of 2024 subject
to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
Patna High Court CR. MISC. No.7542 of 2026(3) dt.01-04-2026
3/3
show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond by
the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark attendance
and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences, failing
which the State shall be at liberty to take steps for cancellation of the
bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
Checking your session…