Patna High Court
Budhan Manjhi @ Budhan Mandal @ Buddhan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Budhan Manjhi was arrested on 8 February 2022 in connection with a murder case (Section 302 IPC and Section ¾ of the Diyan Pratha Act) arising from an alleged incident where he allegedly beat a woman claiming she was a ‘Dayan’, leading to her death. The petitioner sought bail after more than four years of custody, arguing that he has a clean antecedent, the FIR is fabricated, and the trial has not progressed – no prosecution witnesses have been examined and the charge sheet was filed in August 2022. The trial court’s report dated 13 March 2026 confirmed the lack of progress, and the earlier bail applications had been rejected or withdrawn. The Additional Public Prosecutor opposed bail, but the High Court considered the prolonged detention, the pending trial, and the petitioner’s claim of innocence. Consequently, the Court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The order directs that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to an accused charged with murder and a provision of the Diyan Pratha Act after prolonged pre‑trial detention.
- Whether the delay in trial and non‑examination of prosecution witnesses justify bail.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
Legislation cited
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- IPC 302
- Diyan Pratha Act
- trial delay
- pre‑trial detention
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90624 of 2025
Arising Out of PS. Case No.-369 Year-2021 Thana- BARACHATTI District- Gaya
======================================================
Budhan Manjhi @ Budhan Mandal @ Buddhan Manjhi Son of Late Krishna
Manjhi @ Late Krishna Mandal Resident of Village- Gangi, P.S.- Barachatti,
District- Gaya (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 10-04-2026 Heard Mr. Shailesh Kumar Singh, learned counsel
for the petitioner as well as Mr. Shailendra Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.02.2022 in connection with Barachatti P.S. Case No. 369 of
2021, F.I.R. dated 21.06.2021 for the offences punishable under
Sections 302 of Indian Penal Code and ¾ of Diyan Pratha Act.
3. According to prosecution case, the informant
alleged that on 21.06.2021, in the evening his mother had gone
outside to take wheat, while she was returning from there, at
Teen Muhaan, this petitioner stopped his mother and told her
that she was Dayan and had killed his daughter by doing black
magic and started beating her with lathi due to which she
Patna High Court CR. MISC. No.90624 of 2025(4) dt.10-04-2026
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succumbed on the spot.
4. Earlier the bail application of the petitioner was
rejected on 20.06.2023 in Cr. Misc. No. 65537 of 2022.
Thereafter, again the petitioner moved for grant of bail in Cr.
Misc. No. 69648 of 2021 which was dismissed as withdrawn on
07.11.2025.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. From bare perusal of the FIR it appears that due to some
petty dispute the present occurrence has taken place and the
petitioner is in custody since 08.02.2022 and trial is not in
progress and charge has been framed against the petitioner on
23.08.2022.
6. Vide order dated 07.01.2026 a report was called
with regard to stage of the trial. Report of the learned Trial
Court dated 13.03.2026 reveals that out of six charge sheet
witnesses, the prosecution has not examined any witness as yet.
He further submits that in view of the report of the learned Trial
Court the trial is not likely to be concluded in the near future .
Patna High Court CR. MISC. No.90624 of 2025(4) dt.10-04-2026
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7. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts and circumstances,
report of the trial court as well as period of custody, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.,
Sherghati, Gaya, Bihar in connection with Barachatti P.S. Case
No. 369 of 2021, subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.90624 of 2025(4) dt.10-04-2026
4/4
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)
Suruchi/-
U T
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