Patna High Court
Jitendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding no sufficient ground to deny bail.
Summary
The petitioner, Jitendra Manjhi, was charged in Ghoshi Police Station Case No. 428 of 2025 for alleged assault offences under several sections of the B.N.S., including a claim that he struck the informant on the head with an iron rod causing a fracture. The prosecution alleged that the petitioner, along with others, used lathis, dandas and an iron rod to assault the informant, resulting in injuries. The petitioner contended that he was falsely implicated, asserting that the injury was a minor abrasion sustained while the informant was trying to catch runaway cattle, and highlighted his clean antecedent. The court examined the injury report, noting the superficial nature of the wound, and considered the petitioner’s clean record. Relying on these facts and the provisions of Section 482(2) of the B.N.S., the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties and compliance with certain conditions.
Issues considered
- Whether the petitioner is entitled to bail in view of the nature of the alleged assault and the evidence of a superficial injury
- Whether the petitioner’s clean antecedent and the injury report justify granting bail under Section 482(2) of the B.N.S.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352, 482(2)
Subjects
- bail
- assault
- criminal procedure
- Section 482
- clean antecedent
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16330 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Jitendra Manjhi S/o Lal Manjhi @ Lalo Manjhi R/o Village- Ratu Bigha, PS-
Ghosi, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar, Advocate
Mr. Abhishek Anand, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Ghoshi P.S. Case No.428 of 2025
registered for the alleged offences under Section 126(2), 115(2),
109, 352, 351(2), 351(3), 3(5) of the BNS.
03. As per prosecution case, petitioner and other
coaccused persons armed with lathi, danda and iron rod assaulted
the informant causing injuries to him. The allegation against
petitioner is that he hit the informant on his head with iron rod
causing its fracture.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
True fact of the case is that some quarrel took place between the
Patna High Court CR. MISC. No.16330 of 2026(2) dt.06-04-2026
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children of both sides and in this background some altercation
took place but the informant did not receive injuries in the hands
of the petitioner as is evident from the injury report which shows a
very small contusion injury in the left parietal region of anterior
lateral part of size 0.5cm x 0.01 cm and the said injury is stated to
be simple. This falsifies the allegation that the petitioner gave iron
rod blow to the informant because the injury is merely is an
abrasion and the informant received this injury while trying to
catch his cattle which started running away. Learned counsel
further submits that the petitioner is having clean antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
completely superficial nature of injury for which the allegation is
against the petitioner and also considering his clean antecedent, let
the petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of Court of learned CJM,
Jehanabad in connection with Ghoshi P.S. Case No.428 of 2025,
subject to the condition laid down under Section 482(2) of the
Patna High Court CR. MISC. No.16330 of 2026(2) dt.06-04-2026
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B.N.S.S. and other following conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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