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Patna High Court

Indal ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                      3/3




                    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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