Patna High Court
Gyani ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 351(2), 352
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
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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
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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
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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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