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Patna High Court

Baijnath ManjhiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted to the petitioner under the circumstances.

Summary

Baijnath Manjhi was charged with murder under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly shooting the deceased. He applied for regular bail, claiming innocence and arguing that the examined witnesses did not support the prosecution's case. The State opposed bail, asserting that the allegations were serious and that prima facie material linked the petitioner to the crime. The court, relying on the Supreme Court’s decision in X vs State of Rajasthan & Anr (2024), declined to grant regular bail. Consequently, the bail application was rejected.

Issues considered

  • Whether regular bail can be granted to an accused of murder (IPC 302) with alleged involvement under the facts presented.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • regular bail
  • Supreme Court precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76658 of 2025
                       Arising Out of PS. Case No.-454 Year-2020 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Baijnath Manjhi S/O Late Chalitar Manjhi R/vill- Mohabbatpur, P.S.-
                 Sherghati, Distt- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rahul Kumar
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sherghati P.S. Case No. 454 of 2020 registered for the offence

                   under Sections 302/34 of the Indian Penal Code and Section 27

                   of the Arms Act.

                                3. The petitioner is alleged to be the assailant of the

                   deceased and is said to have shot him, resulting in his death. The

                   trial has commenced, and some witnesses have already been

                   examined.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 27.05.2024. He further submits

                   that the witnesses who have been examined, have not supported
            Patna High Court CR. MISC. No.76658 of 2025(3) dt.24-03-2026
                                                        2/2




                      the prosecution case and therefore, the petitioner may be granted

                      bail.

                                   5. The learned counsel for the State vehemently

                      opposes the bail application and submits that the allegations

                      against the petitioner are serious and grave in nature. It is

                      contended that prima facie there is sufficient material against

                      the petitioner indicating his involvement in the commission of

                      the offence.

                                   6. Considering the fact that the petitioner is the

                      assailant of the deceased and in light of the law laid down by the

                      Hon’ble Supreme Court in the case of X vs State of Rajasthan

                      & Anr, 2024 SCC OnLine SC 3539, this Court is not inclined to

                      grant regular bail to the petitioner.

                                   7. Accordingly, this application for regular bail stands

                      rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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