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Patna High Court

Budhan Manjhi @ Budhan Mandal @ Buddhan ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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report dated 13 March 2026 confirmed the lack of progress, and the earlier bail applications had been rejected or withdrawn.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

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
                                            3/4




                      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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