Patna High Court

Basudeo ManjhiversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that bail should be granted to the petitioner under Section 482(2) of the BNS.

Summary

Basudeo Manjhi filed a bail petition after the police registered a case (Palasi P.S. Case No. 321 of 2025) alleging that he attempted to outrage the modesty of his daughter‑in‑law and assaulted her, along with co‑accused. The informant, who is his daughter‑in‑law, claimed the assault but no injury report was produced and the FIR was lodged two days after the alleged incident. The petitioner asserted his innocence, highlighted his clean antecedent and argued that the delay and lack of medical evidence rendered the prosecution case weak. The State opposed bail, relying on the charges under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). The Court, noting the clean antecedent, the delay in filing the FIR, and the absence of corroborative injury evidence, applied Section 482(2) of the BNS and ordered bail on a bond of Rs.10,000 with two sureties, subject to surrender within eight weeks. The bail order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether the petitioner is entitled to bail despite the charges under sections 126(2), 115(2), 74, 76, 352, 351(2)(3) and 3(5) of the BNS
Whether the delay of two days in lodging the FIR and the absence of an injury report affect the bail decision
Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2)(3), 352, 482(2), 74, 76

Subjects

bail
criminal procedure
delay in FIR
clean antecedent
assault
Bharatiya Nagarik Suraksha Sanhita
Section 482
evidentiary insufficiency

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1630 of 2026
                         Arising Out of PS. Case No.-321 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Basudeo Manjhi S/o Late Chintu Manjhi Resident of Village - Dargah Ward
                 No. 9, P.S - Palasi, District - Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :        Mr. Uday Pratap Singh, APP
                 For informant            :        Mr. Mrigendra Kumar , Advocate
                                                   Mr. Vyas Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),

                   74, 76, 352, 351 ( 2 ) (3) and 3 (5) of BNS.

                                3 . The prosecution case , in brief, is that informant

                   alleged that when informant was alone at her home , petitioner

                   came and misbehaved with her and                        tried to outrage her

                   modesty , upon protest petitioner also assaulted her. It is further

                   alleged that other co-accused persons also came there and

                   assaulted her.

                                4. It is submitted on behalf of the petitioners that

                   petitioner is innocent and has committed no offence as alleged.
            Patna High Court CR. MISC. No.1630 of 2026(2) dt.28-01-2026
                                                        2/2




                      Petitioner is father-in -law of the informant. There is delay of 2

                      days in lodging the present F.I.R. which creates doubt over the

                      entire prosecution case . Though , there is allegation of assault

                      against this petitioner but there is no injury report on record to

                      substantiate the allegation . Rest of the allegations are

                      ornamental in nature to make the case grave . Petitioner claims

                      clean antecedent.

                                   5 . Learned counsel for the State opposed the bail

                      petition .

                                    6 Considering the aforesaid facts, clean antecedent of

                      the petitioner and other circumstances of the case , in the event

                      of arrest or surrender within eight weeks from today, let the

                      petitioner, as named above, be enlarged on bail on furnishing

                      bail bond of Rs.10,000/-(ten thousand) with two sureties of the

                      like amount each to the satisfaction of the learned Chief Judicial

                      Magistrate Araria in connection with Palasi P.S. Case No. 321

                      of    2025 , subject to the conditions laid down under section

                      482(2) of the      Bharatiya Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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