Sanoj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26907 of 2025 Arising Out of PS. Case No.-216 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== Sanoj Manjhi S/O Kalicharan Manjhi Resident of Bhagwanpur, P.S.- Katrisarai, Dist.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Giriyak (Katrisarai) P.S. Case No. 216 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Earlier vide order dated 28.02.2024 passed in Cr. Misc. No. 478605 of 2023 the prayer for grant of bail to the petitioner was rejected.

4. As per prosecution case, the co-accused Sahdeo Manjhi and Budhan Manjhi and his son took away the father of the Informant in the name of performing exorcism. On the next day, when the father of the Informant did not return to his house, the Informant along with his family members went to the house

Patna High Court CR. MISC. No.26907 of 2025(3) dt.07-07-2025 2/3 of the afore-noted persons to enquire about his father and later on, he came to know that the dead body of his father is lying in a wheat field and the neck of his father was cut by using sharp cutting weapon.

5. Learned counsel for the petitioner mainly submitted that earlier vide order dated 28.02.2024 passed in Cr. Misc. No. 478605 of 2023 the prayer for grant of bail to the petitioner was rejected with liberty to the petitioner to renew his prayer for grant of bail after a period of nine months before the learned court below in case the trial was not concluded in stipulated period of nine months. Learned counsel further submitted that petitioner has been languishing in jail since 08.05.2022, i.e. for the last more than three years and there is no significant progress in the trial nor there is no likelihood of conclusion of trial in near future and therefore, petitioner may be released on bail. It has been submitted on behalf of the petitioner has no criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. As per the report dated 07.05.2025 sent by the learned court below, charge against the petitioner has been framed on 08.10.2024 and one witness has also been examined.

Patna High Court CR. MISC. No.26907 of 2025(3) dt.07-07-2025 3/3

8. Considering the aforesaid facts and circumstances of the case, present stage of the trial as only one witness has been examined till date as also the long incarceration of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Giriyak (Katrisarai) P.S. Case No. 216 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(Rudra Prakash Mishra, J) Alok Verma/- U T