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Patna High Court

Samdeo Manjhi @ Shyamdeo ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a bond and compliance with specified conditions.

Summary

Samdeo Manjhi was arrested on 20 July 2025 in connection with a FIR dated 19 July 2025 alleging multiple offences under the B.N.S., including assault, kidnapping and robbery. The prosecution alleged that the accused entered the complainant’s house, assaulted family members, threw the father‑in‑law from the roof and stole valuables. The petitioner contended that he has a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific act attributed to him. The State opposed bail, while the petitioner’s counsel highlighted that a co‑accused, Sugiya Devi, had already been granted bail in a similar case. The Court, noting the lack of specific allegation against the petitioner and his clean record, granted bail subject to a Rs 10,000 bond, two sureties, and conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
  • Whether the absence of a specific allegation against the petitioner in the FIR justifies bail.
  • Whether the petitioner’s clean antecedent and the grant of bail to a similarly situated co‑accused influence the bail decision.

Subjects

  • bail
  • criminal procedure
  • clean antecedent
  • specific allegation
  • co‑accused
  • conditions of bail
  • section 191
  • section 190
  • section 126
  • section 115
  • section 109

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87400 of 2025
                       Arising Out of PS. Case No.-161 Year-2025 Thana- TANKUPPA District- Gaya
                 ======================================================
                 Samdeo Manjhi @ Shyamdeo Manjhi S/o Dallu Manjhi R/o Village- Bardiha
                 Tola, Dukhi Bigha, P.S- Tankuppa, Dist- Gaya Ji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Pushp Raj Singh, Advocate
                 For the State           :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-01-2026                     Heard Mr. Pushp Raj Singh, learned counsel for the

                   petitioner and Mr. Anil Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   20.07.2025, in connection with Tankuppa P.S. Case No. 161 of

                   2025, F.I.R. dated 19.07.2025                registered for the offences

                   punishable under Sections 191(2), 190, 126(2), 115(2), 109,

                   140(1), 137(2), 303(2), 152, 351(2) of the B.N.S.

                                 3. According to prosecution case, the informant alleged

                   that when she and her family members were sleeping in her house,

                   in the meantime, petitioner along with other co-accused persons

                   entered her house and began assaulting her family members and

                   threw her father-in-law from roof and also took him away. It is

                   further alleged that the accused persons took away household

                   articles and snatched golden locket from the neck of the informant.
Patna High Court CR. MISC. No.87400 of 2025(3) dt.19-01-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent and he has been falsely implicated

          in the present case. Although, the petitioner is named in the F.I.R.

          but from perusal of the F.I.R. it appears that there is no specific

          allegation of any assault or overt act attributed against the

          petitioner rather there is general and omnibus allegation against all

          the accused persons including the petitioner and the co-accused

          person namely Sugiya Devi @ Sunaina Devi against whom the

          similar allegation has been granted bail by this Court vide order

          dated 15.01.2026 in Cr. Misc. No. 86948 of 2025. He further

          submits that the police after investigation submitted chargesheet

          against the petitioner and the petitioner is in custody since

          20.07.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and there is

          no specific allegation of any assault or overt act attributed against

          him in the F.I.R. and similarly situated co-accused person has been

          granted bail by this Court, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned A.C.J.M. IV, Gaya in connection with
               Patna High Court CR. MISC. No.87400 of 2025(3) dt.19-01-2026
                                                           3/3




                         Tankuppa P.S. Case No. 161 of 2025, subject to the following

                         conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. 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.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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