ITEM NO.43 COURT NO.9 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).16794/2025 [Arising out of impugned final judgment and order dated 07-10-2025 in CRADB No.216/2024 passed by the High Court of Judicature at Patna]

MANOJ MANZIL PETITIONER(S)

VERSUS THE STATE OF BIHAR RESPONDENT(S)

IA No. 262433/2025 - EXEMPTION FROM FILING O.T. IA No. 261437/2025 - EXEMPTION FROM FILING O.T.

IA No. 263105/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 262431/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES WITH Diary No(s). 61467/2025 (II-A)

FOR FOR EXEMPTION FROM SURRENDERING WITHIN TIME ON IA 278097/2025 FOR EXEMPTION FROM FILING O.T. ON IA 278098/2025 IA No. 278098/2025 - EXEMPTION FROM FILING O.T.

IA No. 278097/2025 - EXEMPTION FROM SURRENDERING WITHIN TIME Diary No(s). 61659/2025 (II-A)

FOR FOR EXEMPTION FROM SURRENDERING WITHIN TIME ON IA 277399/2025 FOR EXEMPTION FROM FILING O.T. ON IA 277400/2025 IA No. 277400/2025 - EXEMPTION FROM FILING O.T.

IA No. 277399/2025 - EXEMPTION FROM SURRENDERING WITHIN TIME Date : 01-12-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) :

Mr. Siddharth Agarwal, Sr. Adv.

Mr. Shoeb Alam, Sr. Adv.

Signa ture No t Ve rifi ed Ms. Fauzia Shakil, AOR Digita lly s ign ed b y Ms. Tasmiya Taleha, Adv.

NAVEEN D Date: 2025.12.04 Reason:

Ms. Shahrukh Alam, Adv.

Ms. Akriti Chaubey, AOR Mr. Shantanu Singh, Adv.

For Respondent(s) :

Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv.

Ms. Ekta Kundu, Adv.

Upon hearing the counsel the Court made the following

O R D E R

1. In Special Leave to Appeal (Crl.) No(s).16794/2025, on

27.10.2025, we had passed the following order:

“1. Petitioner challenges the judgment and order dated 07.10.2025 in Criminal Appeal (DB) No.216/2024 passed by the High Court of Judicature at Patna, titled “Manoj Manzil vs. The State of Bihar”.

2. Mr. Sidharth Luthra, learned senior counsel appearing for the petitioner, invites our attention to the testimony of the Doctor (PW-06) (at page no.257) as also the postmortem report (at page no.144). It is argued that, in view thereof, the ocular versions of PW-01, PW-02, PW-03, PW-04 & PW-08 do not correspond with the nature of injury allegedly inflicted by the assailant on the deceased. The alleged eye witnesses are neither reliable nor their testimonies are worthy of credence. It is further submitted that the High Court committed an error in ignoring this aspect while upholding the conviction of the petitioner under Section 302 of the Indian Penal Code, 1860.

3. Issue notice, returnable on

01.12.2025.

4. Dasti service, in addition, is permitted. Let steps for service be taken within two weeks.

5. Learned counsel for the petitioner is permitted to serve the learned standing counsel for the State of Bihar.

6. In the notice itself, let it be mentioned that the respondent is required to file the counter affidavit and reply to the interlocutory application(s), if any, before the next date of listing.

7. Trial Court/Original Records and the case diary be called for.

8. In the Chamber proceedings, vide order dated 15.10.2025 the Interlocutory Application No.261436 of 2025 seeking exemption from surrendering is allowed. Liberty is granted to seek recall of that order.”

2. Issue notice in the remaining petitions, returnable on

30.01.2026.

3. Dasti service, in addition, is permitted. Let steps for service be taken within two weeks.

4. Learned counsel for the petitioner is permitted to serve the learned standing counsel for the State of Bihar.

5. In the notice itself, let it be mentioned that the respondent is required to file the counter affidavit and reply to the interlocutory application(s), if any, before the next date of listing.

6. In SLP @ Diary Nos.61467/2025 & 61659/2025, the petitioners are exempted from surrendering till the next date of listing. Liberty is granted