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Patna High Court

Manjay DhamiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.16372 of 2026(3) dt.21-04-2026
                                                       3/3




                     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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