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Patna High Court

Rohit ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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