Mangla Rishi @ Manglu Rishi @ Bhaglu Rishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4796 of 2026 Arising Out of PS. Case No.-324 Year-2020 Thana- KORHA District- Katihar ====================================================== Mangla Rishi @ Manglu Rishi @ Bhaglu Rishi S/o Gandhi Rishi Resident of Village- Parmanand Ghat tola, PS- Korha, Dist.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-03-2026 Heard Mr. Raghvendra Kumar Singh, learned counsel for the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 23.03.2024 in connection with Korha P.S. Case No. 324 of 2020, S.T. No. 92/2024 F.I.R. dated 10.07.2020 for the offences punishable under Sections 341 342, 328, 302/34 of the Indian Penal Code and section 9 of Prevention of Witch Act.
3. The prosecution case in short is that on 10.07.2020 at about 14 hours AM villager Geeta Devi went to the Kali Mandir and started to trembling and told to the villagers that Devi has come upon her and told that Baijnath Rishi has to be ousted from village or get him consume dirt. It is further stated that all accused persons including petitioners gave dirt to his
2/4 father to consume. It is further stated that any how the informant brought his father at his house and tried to save him but his father become restless.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. The petitioner is not named in the FIR and the name of the petitioner has been transpired during investigation on the basis of suspicion and except the suspicion, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. Further submits that on the basis of suspicion, co-accused person, namely, Geeta Devi has been granted bail by a coordinate Bench of this Hon'ble Court vide order dated 12.07.2021 passed in Cr. Misc. No.
36799/2020, co-accused person, namely, Bhikari Rishi has been granted bail by this Court vide order dated 21.01.2022 passed in Cr. Misc. No. 49039/2021 and co-accused person, namely, Sikandar Rishi has been granted bail by a coordinate Bench of this Hon'ble Court vide order dated 13.01.2023 passed in Cr. Misc. No.
3/4 submitted the charge-sheet against the petitioner and the petitioner is in judicial custody since 23.03.2024.
5. Vide order dated 25.02.2026, a report was called for with regard to stage of trial. Report dated 28.02.2026 of the learned Trial Court reveals that charge has been framed against the petitioner but the prosecution has not examined any witnesses as yet.
6. Learned counsel for the petitioner submits that in view of the report of learned Trial Court that there is no chance of early conclusion of the trial in near future and the petitioner is in custody since 23.03.2024 almost two years.
7. Learned APP for the State has vehemently opposed the prayer for bail.
8. Considering the aforesaid facts and circumstances and also the report of the learned trial court and period of custody of the petitioner, 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 Additional Sessions Judge-III, Katihar, in connection with Korha P.S. Case No. 324 of 2020, S.T. No. 92/2024, with the following conditions: i. Petitioner shall co-operate in the trial and shall be
4/4 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his/her 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 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) Ranjeet/- U T