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Patna High Court

Sunil ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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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