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Patna High Court

Dinesh ManjhiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as the court was not inclined to grant it given the direct allegations and seriousness of the offence.

Summary

The petitioner, Dinesh Manjhi, was arrested in connection with an assault on Jairam Manjhi on 8 May 2025, during which bricks and a cudgel were used, causing serious head injuries. He is charged under Sections 126(2), 115(2), 118(1), 109, 352, 3(5) and 103 of the Bharatiya Nyaya Sanhita, 2023. The petitioner, claiming no prior criminal record and alleging false implication, applied for bail, arguing that the FIR was lodged five days after the incident and no material was recovered from him. The State opposed bail, citing direct allegations against the petitioner and a post‑mortem report that corroborates the charge. The Court, after considering the seriousness of the allegations and the evidence, refused bail, directing the trial court to expedite the trial and allowing the petitioner to re‑apply for bail if the trial exceeds six months.

Issues considered

  • Whether bail should be granted to the petitioner in light of the serious nature of the offences and the existence of direct allegations supported by a post‑mortem report.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • serious injury
  • Bharatiya Nyaya Sanhita
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.72969 of 2025
                      Arising Out of PS. Case No.-256 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Dinesh Manjhi S/o Late Gulab Manjhi R/o Village- Dariyapur, P.S.-
                 Dariyapur, Distt.- Saran at Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Vijay Kumar, Advocate
                 For the State           :        Mr. Mohammad Sufyan, APP
                 For the Informant       :        Ms. Shweta, Advocate
                                                  Mr. Vivek Raj, Advocate
                                                  Mr. Pranjal Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Dariyapur P.S. Case No. 256 of 2025 instituted for the offence

                   under Sections 126(2), 115(2), 118(1), 109, 352 & 3(5) of the

                   Bharatiya Nyaya Sanhita (B.N.S.), 2023. Subsequently, Section

                   103 of the BNS.

                           3.       On 08.05.2025 at about 12:30 P.M., while returning

                   from a wedding procession, the informant’s husband Jairam

                   Manjhi was allegedly assaulted by the accused persons, who

                   attacked him from behind, abused him, and inflicted serious

                   head injuries with a kudal and bricks with an intention to kill.
Patna High Court CR. MISC. No.72969 of 2025(3) dt.13-01-2026
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                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 15.05.2025. Petitioner

          bears no criminal antecedent/s, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. From perusal of the FIR, it would reveal that petitioner

          and co-accused allegedly attacked with bricks on the head of the

          deceased. There is delay of five days in lodging the FIR.

          Nothing has been recovered from the conscious possession of

          the petitioner. Charge sheet has already been submitted in this

          case.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is

          submitted that there is specific allegation against the petitioner.

          Moreover, postmortem report also corroborates the allegation

          levelled against the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case and specifically taking into account the fact that

          there being direct allegation against the petitioner, this Court is

          not inclined to grant bail to the petitioner. Prayer for grant of

          bail is hereby rejected.
           Patna High Court CR. MISC. No.72969 of 2025(3) dt.13-01-2026
                                                       3/3




                            8.       The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.

                            9.       However, petitioner will be at liberty to renew his

                     prayer for bail if the trial is not concluded within a period of six

                     months.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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