Patna High Court
Sunil ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court ordered that the petitioners be released on bail with specified bond and conditions.
Summary
Petitioners Sunil Manjhi and Reyajuddin Mohammad applied for bail in Thawe Police Station Case No. 33 of 2025, which alleged offences under several sections of the Bihar Penal Code (BNS), including assault, robbery, and causing death. The prosecution alleged that six accused, including the petitioners, assaulted the son of an informant, robbed him of cash and a mobile, and that the victim later died. The petitioners contended they have clean antecedents, were falsely implicated, and that petitioner No.2 was not named in the FIR, while petitioner No.1 faced only a generic allegation. The State opposed bail, citing the seriousness of the charges. The Court, after considering the facts, granted bail to both petitioners on a bond of Rs. 10,000 each with two sureties, subject to verification of their criminal antecedent and cancellation of bail if concealment is discovered.
Issues considered
- Whether bail should be granted to the accused persons in a case involving alleged assault, robbery, and death under the Bihar Penal Code.
Legislation cited
- Bihar Penal Code (BNS) — s. 103(1), 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- robbery
- homicide
- verification of antecedent
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86662 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- THAWE District- Gopalganj
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1. Sunil Manjhi S/o Dudh Nath Manjhi R/o Village - Bideshi Tola, Pullavi
Hotel More, P.S - Thawe, District - Gopalganj
2. Reyajuddin Mohammad S/o Keshri Ray R/o Village - Barari Jagdish, P.S -
Thawe, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in connection with
Thawe P.S. Case No. 33 of 2025 for committing offence under
Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of
the BNS. Later on Section 103(1) of the BNS was also added.
3. As per the prosecution case, 6 named accused
persons surrounded the son of the informant and started abusing
and assaulting him. Co-accused Ninki Kumar Manjhi assaulted
the son of the informant by iron rod and thereafter all the
accused persons assaulted him with lathi and danda and further
snatched his mobile. It has further been alleged that co-accused
Patna High Court CR. MISC. No.86662 of 2025(3) dt.19-03-2026
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Naresh Manjhi and Sursati Devi snatched Rs. 20,000/- from the
son of the informant. It was alleged that during course of
treatment, the son of the informant died.
4. Learned counsel appearing for the petitioners
submit that the petitioners, who are of clean antecedent, are
innocent and have falsely been implicated in this case. He
further submits that petitioner no.2 is not named in the FIR and
his name came during course of investigation. He further
submits that there is no allegation of assault against the
petitioner no.1 and allegation of assault upon the son of the
informant, is against Ninki Kumar Manjhi. He further submits
that from a bare perusal of the FIR it appears that there is
general and omnibus allegation attributed against the petitioner
no.1 and even in the post-mortem report, only one injury has
been found on the head of the son of the informant. Petitioners
are in judicial custody since 15.02.2025.
5. Learned A.P.P. for the State, vehemently opposes
the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the
case, let the, above named, petitioners be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.86662 of 2025(3) dt.19-03-2026
3/3
learned District and Additional Sessions Judge-3rd, Gopalganj
in connection with S.T. No. 305 of 2025 arising out of Thawe
P.S. Case No. 33 of 2025, with the following condition:-
(i) That the learned Court below shall verify the
criminal antecedent of the petitioners and in case at any stage, it
is found that the petitioners have concealed their criminal
antecedent, the court below shall take step for cancellation of
bail bond of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U
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