Patna High Court
Mantu ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a bond, sureties, and verification of criminal antecedent.
Summary
Mantu Manjhi sought bail after being implicated in a dispute over passage that escalated into a physical altercation, resulting in FIR No.315/2025 alleging offences under several sections of the B.N.S., 2023. Both parties filed FIRs against each other, and medical evidence showed the injuries to be simple. The petitioner argued he had a clean antecedent and that the incident was a mutual fight. The State opposed bail. The court, noting the mutual nature of the fight, the minor injuries, and the petitioner's clean record, ordered bail on a Rs.10,000 bond with two sureties and a condition to verify his criminal antecedent, invoking Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner despite multiple serious charges under the B.N.S., 2023
- Whether the nature of the incident as a mutual fight and the simplicity of injuries justify bail
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
- B.N.S.S. — s. 482(2)
Subjects
- bail
- assault
- mutual fight
- criminal antecedent
- Section 482
- simple injury
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20587 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- AWTARNAGAR District- Saran
======================================================
Mantu Manjhi son of Laxman Manjhi Resident of village- Ramgarha Rupen,
Ps- Awtar nagar, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Awtar Nagar P.S. Case No.315 of 2025, for allegedly
having committed offences under Sections 191(2), 191(3), 190,
126(2), 115(2), 118(1), 109, 352 and 351(2) of the B.N.S., 2023.
3. As per the written report given by the informant
before the S.H.O. of Awtar Nagar Police Station with an
allegation that on 01.12.2025, dispute arose in between the
parties for passage wherein 15 persons, including the petitioner
came to the house of the informant. When the informant and his
family members opposed the action of the accused persons, all
the accused persons started assaulting the informant and his
family members. The petitioner assaulted the informant with
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others by Lathi and Tengari on his head.
4. The learned counsel for the petitioner submits that
there was a free right in between the parties for passage and for
which case and counter case was lodged. The wife of co-
accused, Ganesh Manjhi has lodged a counter case being Awtar
Nagar P.S. Case No.316 of 2025 under different sections of the
B.N.S. against the informant and his family members. It is
submitted that the injuries have been found on both sides. The
informant and other injured persons were treated at P.H.C.,
Garkha and from there, they were referred to Sadar Hospital,
Chapra and the injury on the body of the informant has been
found to be simple in nature. It is further submitted that the
petitioner has got clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that there is free
fight in between the parties in which both sides have lodged the
First Information Report against each other and so far the
allegation of assault upon the informant by Lathi and Tengari is
concerned, though the same is attributed to the petitioner, but
from perusal of the injury report, which has been brought on
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record by way of Annexure-P/2, it would transpire that the
doctor has opined the injuries to be simple in nature.
7. Taking into consideration the facts aforesaid, let
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Saran at Chapra in connection
with Awtar Nagar P.S. Case No.315 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S. with
a further condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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