Patna High Court
Sobha ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was denied as granting it would constitute an abuse of the process of law given the petitioners’ long‑term absconding and the framing of charges.
Summary
The petitioners, Sobha Manjhi and Sukhu Manjhi, applied for bail in a murder trial (Sessions Trial No. 535 of 2025) arising from a 2009 case involving alleged killings of Gopal Singh and Umesh Singh under Sections 302, 307, 324 and 34 of the Indian Penal Code. They claimed false implication, lack of incriminating material, and no prior criminal record, arguing that witnesses merely named them. The State opposed bail, highlighting that the petitioners had evaded surrender for about fifteen years and were only arrested in August 2025. The court noted that the charges had already been framed and that the petitioners’ long‑term absconding rendered bail an abuse of process. Consequently, the bail application was rejected and the petition dismissed.
Issues considered
- Whether the petitioners are entitled to bail despite alleged involvement in murder and a fifteen‑year period of absconding
Legislation cited
- Indian Penal Code — s. 302, 307, 324, 34
Subjects
- bail
- murder
- absconding
- Indian Penal Code
- Criminal Procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91673 of 2025
Arising Out of PS. Case No.-73 Year-2009 Thana- KASHICHAK District- Nawada
======================================================
1. Sobha Manjhi Son of Bangali Manjhi R/o Village - Belar, P.S. - Kashichak,
Dist. - Nawada.
2. Sukhu Manjhi Son of Shobha Manjhi R/o Village - Belar, P.S. - Kashichak,
Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivek Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the parties.
2. The petitioners seek bail in connection with
Sessions Trial No. 535 of 2025, arising out of Kashichak P.S.
Case No. 73 of 2009, dated 28.12.2009, instituted for the
offences under Sections 302, 307, 324 and 34 of the Indian
Penal Code.
3. The allegation against the petitioners are that they
were involved in the killing of two persons, namely, Gopal
Patna High Court CR. MISC. No.91673 of 2025(3) dt.11-02-2026
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Singh and Umesh Singh.
4. The learned counsel for the petitioners submits that
they have falsely been implicated in this case only on account of
the previous case between the parties. It has been submitted that
during the course of investigation, the name of the petitioners
have been taken by the witnesses, however no incriminating
article was recovered in order to connect the petitioners with the
present case. It has further been submitted that the charge-sheet
has already been submitted and the charges have been framed
on 13.11.2025. It has lastly been submitted that the petitioners
have no criminal antecedents.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail and has submitted
that the case is of the year 2009 and despite the names of the
petitioners being surfaced since 2010, they did not surrender and
face the trial. It has been submitted that after almost fifteen
years, the petitioners have been arrested by the police and they
were taken into custody on 11.08.2025.
6. Considering the aforesaid submissions and taking
into account the fact that petitioners absconded for almost
fifteen years, granting them bail would be an abuse of the
process of law and since the charges have already been framed,
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the petitioners shall face the trial.
7. The prayer for grant of bail of the petitioners is,
accordingly, rejected.
8. The application stands dismissed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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