Patna High Court
Indal ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that, given the petitioner was unarmed, had no criminal antecedents, and the investigation was complete, he is entitled to bail.
Summary
The petitioner, Indal Manjhi, was charged under Sections 105, 74, 351(2), 352 and 3(5) of the Bhartiya Nayay Sanhita for allegedly assaulting a woman and her grandfather, resulting in the grandfather's death. The informant alleged that the petitioner and a co‑accused misbehaved with the woman and pushed the elderly grandfather, causing a fatal head injury. The petitioner argued he was unarmed, had no prior criminal record, the deceased was bedridden for ten days before death, and the investigation was complete with a charge‑sheet filed. The State opposed bail, contending the death resulted from the petitioner’s actions. The court, considering the lack of weapon, clean antecedents, and completed investigation, ordered bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under Sections 105, 74, 351(2), 352 and 3(5) of the Bhartiya Nayay Sanhita
- Whether the petitioner poses a risk of tampering with evidence or fleeing
Subjects
- bail
- criminal procedure
- assault
- homicide
- unarmed
- investigation complete
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1369 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
Indal Manjhi Son of Gajadhar Manjhi Resident Of Village- Dumrawan,
Bichali Musahari, P.s. - Pakribarawan, District- Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Deepak Kumar, Advocate
For the Opposite Party : Mr. Rabindra Kumar, APP
For the Informant : Mr. Birendra Kumar, Advocate
Mr. Kumud Kishore, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Pakribarawan P.S. Case No. 383 of 2025, registered for the
offence under Sections 105, 74, 351(2), 352, 3(5) of the
Bhartiya Nayay Sanhita.
3. As per the fard-beyan of the informant, it has been
alleged that on 25.09.2025, at about 07:00 PM, when the
informant was at his house, his cousin sister Rajani Kumari
came and complained him that this petitioner and another
named co-accused person teased her and when she along with
her grand-father went to the house of the petitioner, they were
misbehaved and her grand father was pushed as a result of
which he fell on the ground.
Patna High Court CR. MISC. No.1369 of 2026(4) dt.19-03-2026
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4. Learned counsel appearing for the petitioner
submits that, as a matter of fact, the deceased being an old and
elderly person fell on the ground and sustained head injury,
which is clear from the postmortem report wherein one injury,
swelling over left side frontal region of scalp has been found.
Moreover, the petitioner is not alleged to carrying any weapon.
He further submits that as a matter of fact the deceased was
bedridden for about 10 days which has come during the
investigation. Petitioner is in custody since 26.09.2025 having
no criminal antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for bail of the
petitioner. Learned counsel for the informant has submitted that
an old person has died as a result of his objection to the
misbehaviour extended to his granddaughter by the petitioner.
6. Considering the facts and circumstances of the case
and further considering the fact that the petitioner was unarmed,
he has no criminal antecedents, charge-sheet has been submitted
against him, investigation is complete and there is no allegation
of tampering, let the, above named, petitioner be released on
bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.1369 of 2026(4) dt.19-03-2026
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learned Additional Chief Judicial Magistrate-II, Nawada, in
connection with Pakribarawan P.S. Case No. 383 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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