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Patna High Court

Jitendra ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                         3/3




                       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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