Patna High Court
Rohit ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the petitioners are entitled to bail as the case lacks specific incriminating material against them and they have already endured a substantial period of custody.
Summary
The petitioners, Rohit Manjhi and Satish Manjhi, were arrested in connection with a case alleging the brutal assault of a husband who had hidden in a co‑accused’s house. They sought bail, claiming innocence, lack of specific incriminating material, and that they were arrested merely on suspicion as neighbours of another accused. The prosecution opposed bail, citing the offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court noted the petitioners had been in custody since 16‑07‑2025, that no material was found on them, and that another co‑accused had already been granted bail. Considering these factors, the court granted bail to both petitioners upon furnishing bail bonds and sureties. The order released the petitioners on bail pending further trial.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 despite the seriousness of the alleged offences
- Whether the lack of specific incriminating material and the length of custody justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3
- suspicion
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81163 of 2025
Arising Out of PS. Case No.-84 Year-2024 Thana- AIRPORT District- Patna
======================================================
1. Rohit Manjhi S/O Pardeshi Manjhi Resident of Village- Jadeo Path
Musahari, P.S.- Hawai Adda, District- Patna
2. Satish Manjhi @ Satish Kumar S/O Dhukharan Manjhi Resident of Village-
Jadeo Path Musahari, P.S.- Hawai Adda, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioners, learned
APP for the State and perused the case diary.
2. The petitioners seek bail in connection with Hawai
Adda P.S. Case No. 84 of 2024, instituted for the offences
punishable under Sections 103(1) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the informant
was told that her husband had been killed by the residents of
Musahari. The informant’s husband hid in fear in the house of
co-accused person but was discovered and brutally assaulted by
the petitioners along with other co-accused persons.
Patna High Court CR. MISC. No.81163 of 2025(3) dt.09-02-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioners. Learned counsel for the petitioners
also submitted 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 petitioners have been
arrested only on the basis of suspicion as being neighbour of the
co-accused, namely, Naulakha Manjhi. The petitioners are in
custody since 16.07.2025. Petitioner no. 1 has got two criminal
antecedents in which he is on bail and petitioner no. 2 has got no
criminal antecedent. Learned counsel for the petitioners further
submits that other co-accused has been granted regular bail by
this Court vide order dated 29.07.2025 passed in Cr. Misc. No.
21701 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
Patna High Court CR. MISC. No.81163 of 2025(3) dt.09-02-2026
3/3
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Hawai Adda P.S.
Case No. 84 of 2024
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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