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Patna High Court

Gyani ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioners have clean antecedents and no specific allegation of assault against them.

Summary

The petitioners, five residents of Belwa Bhui Toli, were arrested in connection with a case of alleged assault on 02‑10‑2025 and have been in custody since 05‑10‑2025. They sought bail, contending that they have clean antecedents and that the FIR contains only a generic allegation without specific details of assault against them, also noting a two‑day delay in filing the FIR. The prosecution opposed bail. The court examined the lack of specific charges, the clean criminal record of the petitioners, and the procedural delay, and concluded that these factors warranted bail. Consequently, the court ordered the release of the petitioners on bail of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without further delay for verification.

Issues considered

  • Whether bail should be granted to the accused under Sections 191(2), 190, 126(2), 115(2), 109(1), 352 and 351(2) of the Bharatiya Nyay Sanhita, 2023.
  • Whether the absence of specific allegations of assault against the petitioners in the FIR justifies bail.
  • Whether the two‑day delay in lodging the FIR affects the grant of bail.
  • Whether the petitioners' clean antecedent is sufficient ground for bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • Bharatiya Nyay Sanhita
  • clean antecedent
  • FIR delay
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20392 of 2026
                     Arising Out of PS. Case No.-372 Year-2025 Thana- KHIJARSARAI District- Gaya
                 ======================================================
           1.     Gyani Manjhi Son of Rohan Manjhi Resident Of Village- Belwa Bhui Toli,
                  Ps- Khizersarai Dist -Gaya
           2.    Ramprit Manjhi @ Karu Manjhi Son of Madhuri Manjhi Resident Of
                 Village- Belwa Bhui Toli, Ps- Khizersarai Dist -Gaya
           3.    Devnandan Manjhi @ Bhagat Son of Late Kamal Manjhi Resident Of
                 Village- Belwa Bhui Toli, Ps- Khizersarai Dist -Gaya
           4.    Bhola Manjhi son of Late jageshwar Manjhi Resident Of Village- Belwa
                 Bhui Toli, Ps- Khizersarai Dist -Gaya
           5.     Rampravesh Manjhi Son of late Amrit Manjhi Resident Of Village- Belwa
                  Bhui Toli, Ps- Khizersarai Dist -Gaya
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2 26-03-2026                    Heard Mr. Aryan Singh,              learned counsel for the

                petitioners as well as Mr. Brajendra Nath Pandey, learned

                Additional Public Prosecutor for the State.

                           2. Petitioners seeks bail who is in custody since

                05.10.2025 in connection with Khizersarai P.S. Case No. 372 of

                2025, F.I.R. dated 04.10.2025 for the offences punishable under

                Sections 191(2), 190, 126(2), 115(2), 109(1), 352 and 351(2) of the

                Bharatiya Nyay Sanhita, 2023.

                           3. According to prosecution case, the informant alleged

                that on 02.10.2025 at about 06.00 P.M, he went to village-Belma,

                Bhuintoli to find out a labour and in the meantime, the petitioner
Patna High Court CR. MISC. No.20392 of 2026(2) dt.26-03-2026
                                            2/3




      along with other accused persons armed with stick, axe and iron

      rod assaulted upon him with intention to kill him due to which he

      suffered injury.

                  4. Learned counsel for the petitioners submits that

      petitioners have clean antecedent and they falsely been implicated

      in the present case. Although the petitioners are named in the FIR

      but from bare perusal of the FIR it appears that there is no specific

      allegation of assault or overt act against them rather there is general

      and omnibus allegation against all the accused persons including

      the petitioners and apart from that it appears from the FIR that date

      of the occurrence was on 02.10.2025 but the FIR was lodge on

      04.10.2025 i.e. after delay of two days without giving any reason

      of delay. The police after investigation submitted charge-sheet and

      the petitioners are in custody since 05.10.2025.

                  5. The learned Additional Public Prosecutor has

      vehemently opposed the prayer for bail of the petitioner.

                   6. Considering the aforesaid facts and circumstances and

      the fact that petitioners have clean antecedent and there is no

      specific allegation of assault or overt against them, let the

      petitioners, above named, 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 the learned Judicial Magistrate-
            Patna High Court CR. MISC. No.20392 of 2026(2) dt.26-03-2026
                                                        3/3




                  First Class, Gaya in connection with Khizersarai P.S. Case No. 372

                  of 2025, subject to the following conditions:-

                               i. Petitioners shall co-operate in the trial and shall be

                  properly represented on each and every date fixed by the court and

                  shall remain physically present as directed by the court and on

                  their absence on two consecutive dates without sufficient reason,

                  their bail bond shall be cancelled by the Court below.

                               ii. If the petitioners tamper with the evidence or the

                  witnesses, in that case, the prosecution will be at liberty to move

                  for cancellation of bail.

                               iii. And further condition that the court below shall verify

                  the criminal antecedent of the petitioners and in case at any stage it

                  is found that the petitioners have concealed their criminal

                  antecedents, the court below shall take step for cancellation of bail

                  bond of the petitioners. However, the acceptance of bail bonds in

                  terms of the above-mentioned order shall not be delayed for

                  purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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