Shivshankar Sada @ Shiv Shankar Manjhi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Shivshankar Sada @ Shiv Shankar Manjhi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both petitioners enlarged on regular bail in connection with Riga P.S. Case No. 73 of 2010 on furnishing bail bond of Rs. 10,000/- (as printed in figures; printed words read 'Rupees Twenty Thousand') each with two sureties of the like amount each, to the satisfaction of the learned CJM, Sitamarhi, subject to the condition that the petitioners present physically on each and every date fixed by the trial Court till conclusion of the trial.

Issue for consideration

Whether the petitioners, named accused in Riga P.S. Case No. 73 of 2010 (offences punishable under Sections 363, 366, 372 IPC), should be enlarged on regular bail.

Court's answer

Considering the submissions advanced by the petitioners' counsel (final form as mistake of fact followed by Magistrate's cognizance; victim recovered soon after FIR and her trial-court statement implicating only Kantlal and Indal; no criminal antecedents; custody since 19.03.2025; co-accused already granted bail), this Court decided to release the petitioners on bail, enlarging them on furnishing a bail bond of Rs. 10,000/- (printed words read 'Rupees Twenty Thousand') each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi, subject to the condition that the petitioners present physically on each and every date fixed by the trial Court till conclusion of the trial.

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Ramesh Chand Malviya), oral order dated 08-08-2025 in Criminal Miscellaneous No.46835 of 2025 arising out of Riga P.S. Case No. 73 of 2010 (District Sitamarhi): REGULAR BAIL GRANTED to petitioners Shivshankar Sada @ Shiv Shankar Manjhi and Jabbar Darji @ Jabbar Khan, accused under Sections 363, 366, 372 IPC in an FIR dated 24.05.2010 concerning the alleged abduction of the informant's daughter-in-law. Defence submissions noted by the Court: police found no substance in the allegation and filed a final form showing the case as a mistake of fact, but the learned Magistrate took cognizance against five accused including the petitioners, differing with the police conclusion; the victim was recovered shortly after the FIR and, in her statement before the trial court, made no allegation against the petitioners, confining her allegations to Kantlal and Indal; petitioners stated to have no criminal antecedents (Para 3 of bail petition) and in custody since 19.03.2025; a co-accused had already been granted bail vide order dated 11.07.2025 in Cr. Misc. No. 41620 of 2025. Bail ordered on a bond of Rs. 10,000/- (printed words read 'Rupees Twenty Thousand') each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi, subject to the petitioners presenting physically on every date fixed by the trial Court till conclusion of trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46835 of 2025

Arising Out of PS. Case No.-73 Year-2010 Thana- RIGA District- Sitamarhi

======================================================

Shivshankar Sada @ Shiv Shankar Manjhi S/O Late Nada Sada R/O VillageRevasi, PS-Riga, Distt-Sitamarhi

Jabbar Darji @ Jabbar Khan S/O Ajij Darji Mahrum R/O Village-Revasi, PS-Riga, Distt-Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 08-08-2025

Heard learned counsel for the petitioners and the

learned APP for the State.

Petitioners seek regular bail in connection with Riga P.S. Case No. 73 of 2010 dated 24.05.2010 registered for the offence(s) punishable under Section(s) 363, 366, 372 of the Indian Penal Code.

The main submissions advanced by petitioners' counsel are that the instant matter relates to abduction of the informant's daughter-in-law which allegedly took place in the year 2010 and the police did not find substance in the said allegation and submitted a final form, showing the case as a mistake of fact and thereafter the learned Magistrate took

Patna High Court CR. MISC. No.46835 of 2025(2) dt.08-08-2025 2/3

cognizance of the alleged offences against five accused persons including the petitioners and differed with the police conclusion. It is further submitted that the so-called victim had been recovered shortly after the registration of the FIR and she had recorded her statement before trial court wherein she did not make any allegation against the petitioners and her allegations were confined only to two persons namely, Kantlal and Indal and she did not say anything regarding petitioners' involvement in the alleged abduction. It is further submitted that petitioners have got no criminal antecedent as stated in Para 3 of the bail petition. Petitioners are in custody since 19.03.2025. It is further submitted that co-accused has already granted bail by the Coordinate Bench of this Court vide order dated 11.07.2025 passed in Cr. Misc. No. 41620 of 2025.

Learned APP appearing for the State has opposed the bail prayer of the petitioners.

Considering the aforesaid submissions advanced by petitioners' counsel, this court is inclined to release the petitioners on bail. Accordingly, let the petitioners named-above be enlarged on bail in connection with Riga P.S. Case No. 73 of 2010 on furnishing bail bond of Rs. 10,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.46835 of 2025(2) dt.08-08-2025 3/3

satisfaction of the learned CJM, Sitamarhi subject to the condition that petitioners will present physically each and every date fixed by the trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Mayank/-

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