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Patna High Court

Basanti Devi @ Ruti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to petitioner No.2 with conditions, confirming provisional bail for petitioner No.1.

Summary

The petitioners, Basanti Devi and Rangu Manjhi, were accused in a murder case (Makhdumpur P.S. Case No. 584 of 2023) involving alleged offences under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution alleged that the victims were killed in a gruesome manner and that the petitioners participated in the conspiracy. The petitioners contended that they were falsely implicated, there were no eye‑witnesses, and they had no prior criminal record. The court noted that petitioner No.1 had already been granted provisional bail and that several co‑accused were already on bail, and it found no compelling reason to deny bail to petitioner No.2. Consequently, the court confirmed provisional bail for petitioner No.1 and granted regular bail to petitioner No.2 subject to monetary and personal surety conditions and attendance requirements.

Issues considered

  • Whether bail should be granted to petitioner No.2 in a case involving murder, abetment of suicide and conspiracy under IPC Sections 302, 201 and 34
  • Whether the absence of eye‑witnesses and the petitioner's clean record justify bail

Legislation cited

Subjects

  • bail
  • IPC Section 302
  • IPC Section 201
  • IPC Section 34
  • murder
  • conspiracy
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8158 of 2026
                  Arising Out of PS. Case No.-584 Year-2023 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     Basanti Devi @ Ruti Devi Wife of Nagendra Manjhi R/o Village - Ikkil, P.S.
                  - Makhdumpur, Dist. - Jehanabad.
           2.    Rangu Manjhi Son of Late Rajendra Manjhi R/o Village - Ikkil, P.S. -
                 Makhdumpur, Dist. - Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shrish Anurag, Adv
                 For the Opposite Party/s :      Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   19-03-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with

                   Makhdumpur P.S. Case No. 584 of 2023 registered for the

                   offence punishable under Sections 302, 201 and 34 of the Indian

                   Penal Code.

                                3. The case of the prosecution is that 28.08.2023, the

                   informant received information that his maternal grandfather,

                   Ramswaroop Majhi had been murdered and his body buried

                   underground near the Ikkil Yuddh River and bad smell is

                   coming out. When the body buried was exhumed, it was

                   identified as that of a male, his neck was broken, both wrists
Patna High Court CR. MISC. No.8158 of 2026(3) dt.19-03-2026
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          were cut and both legs had been crushed from knee. One of the

          legs had become completely detached. From the cloth, it was

          identified that the dead body belong to maternal grandfather of

          the informant, who was missing from two or three days. As he

          practiced religious rituals and worship, villagers from the Majhi

          Tola locality had frequently accused him of engaging in sorcery

          (Bhut Gauna). A few days prior, when the grandson of Bihari

          Majhi also from Majhi Tola fell ill, it was alleged that it has

          been done by Ram Swarup Manjhi with the help of ghosts. The

          family members use to abuse his maternal grandfather and also

          used to threatened that he will be killed. He further alleged that

          the maternal grandfather of the informant has been killed by

          Bihari Manjhi, Rangu Manjhi, Nagendra Manjhi, Basanti Devi,

          Urmila Devi and Raj Balam Manjhi and other unknown persons.

          After killing him, they have cut the hand and leg of the deceased

          and have buried the dead body in Budh Nadi.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have not committed any offence.

          They have falsely been implicated in this case. There is no eye

          witness of the alleged occurrence and only on the basis of

          suspicion, they have been implicated. He further submits that

          the petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.8158 of 2026(3) dt.19-03-2026
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                        5. Learned APP appearing for the State opposes the

          prayer for regular bail of the petitioners.

                        6. Taking into consideration that the petitioner no. 1

          has recently delivered a child and was granted provisional bail

          by order dated 17.02.2026, the provisional bail granted earlier is

          hereby confirmed. Further taking into account that a number of

          accused persons have already been enlarged on bail by order

          dated 09.10.2025 passed in Cr. Misc. No. 70178 of 2025

          (Annexure-P/2) and the petitioner no. 2 has no criminal

          antecedent, this Court is inclined to grant privilege of bail to the

          petitioner no. 2.

                        7. Let the petitioner no. 2, named above, is directed to

          be released on bail on furnishing bail-bonds of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the

          case     is    pending/successor          court     in   connection   with

          Makhdumpur P.S. Case No. 584 of 2023, subject to the

          following conditions:-

                        (i) One of the bailors of the petitioner shall be his

          close relative.

                        (ii) The petitioners shall remain physically present in

          Court on each date of the trial.
              Patna High Court CR. MISC. No.8158 of 2026(3) dt.19-03-2026
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                                     (iii) In case of absence on two consecutive dates

                        without substantial reason or in violation of the terms of the

                        bail, the bail bonds of the petitioner will be liable to be

                        cancelled by the Court concerned.

                                     8. Accordingly, the prayer for bail is allowed.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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