Patna High Court
Manjay DhamiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners, finding the evidence insufficient to justify continued detention.
Summary
The petitioners, Manjay Dhami and Jangali Dhami, applied for bail in a case registered under Sections 105, 123 and 3(5) of the B.N.S., 2023 concerning the death of a child allegedly due to food poisoning. The prosecution alleged that the petitioners were seen with bags in suspicious circumstances, but the FIR was lodged a month after the incident and no bags were seized. The petitioners argued they had no motive, no criminal antecedent, and that the post‑mortem report was inconclusive, contending that the case rested solely on suspicion. The State opposed bail. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioners to be released on bail with a bond of Rs.10,000 and two sureties each.
Issues considered
- Whether bail should be granted in a case involving alleged food‑poisoning death under Sections 105, 123 and 3(5) of the B.N.S., 2023.
- Whether the delay in filing the FIR and lack of seized material affect the justification for custody.
- Whether suspicion alone, without concrete evidence, is sufficient to deny bail.
Legislation cited
- B.N.S., 2023 — s. 105, 123, 3(5)
Subjects
- bail
- criminal procedure
- delay in FIR
- suspicion
- sections 105, 123, 3(5) B.N.S. 2023
- post‑mortem report
- motivation
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16372 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
1. Manjay Dhami S/o Ramchandra Dhami R/o Village- Parshuram, P.S.-
Hathauri, District- Samastipur
2. Jangali Dhami @ Jangali Kurari S/o Indal Kurari R/o Village- Makshudpur,
P.S.- Hayaghat, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Shivajinagar P.S. Case No. 80 of 2025 registered for the
offence punishable under Sections 105, 123 and 3(5) of the
B.N.S., 2023.
3. The case of the prosecution, in short, is that one child
has died due to food poisoning. The villagers disclosed that these
two petitioners were seen in the suspicious circumstances.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He further submits that from perusal of the FIR, it will
Patna High Court CR. MISC. No.16372 of 2026(3) dt.21-04-2026
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transpire that the date of occurrence is 06.09.2025, whereas the
FIR was lodged on 06.10.2025 after a delay of one month and the
delay is not explained. He further submits that during the course of
investigation in paragraph 39 of the case diary, the doctor has
stated that villagers disclosed to him that three boys had consumed
poisonous 'laddu,' due to which one died. He further submits that
from perusal of the postmortem report also, it is clear that the
opinion regarding cause of death is reserved and viscera was
preserved. He further submits that there was no motive for these
petitioners to commit such an offence, and the only material
against them is that they were seen having bags, but in the entire
investigation, the bags which were being carried by the petitioners
were not recovered or seized by the police. The case of the
prosecution is based solely on the suspicion. Moreover, a
statement has been made in para 3 of the petition that petitioners
have no criminal antecedent and they are languishing in judicial
custody since 07.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
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bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-I, Rosera, Samastipur in connection with Shivajinagar
P.S. Case No. 80 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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