Patna High Court
Dharmendra ManjhiversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prosecution had not established a prima facie case of intent to cause death under Section 109(1) and therefore granted bail.
Summary
The petitioners, three brothers from Jamui, were accused in a police case of assaulting an informant and others, causing injuries to the head and other parts of the body, with the prosecution alleging an intention to cause death. They applied for anticipatory bail, arguing that the medical report showed only simple injuries and that the allegation of intent to cause death was not supported by the facts. The learned counsel highlighted that the injury to a vital part alone cannot establish a prima facie case under Section 109(1) of the Bihar Penal Code and cited the Supreme Court decision in Himachal Pradesh v. Shamsher Singh. The Additional Public Prosecutor opposed bail, maintaining that the nature of the assault warranted denial of anticipatory relief. The court examined the medical evidence, the nature and manner of the assault, and the lack of demonstrable intent to cause death, concluding that the prosecution had not made out a prima facie case. Consequently, the court directed that the petitioners be released on bail with a bond of Rs 10,000 and two sureties, subject to the conditions of Section 482(2) of the CrPC.
Issues considered
- Whether the facts disclosed establish a prima facie case under Section 109(1) of the Bihar Penal Code for an attempt to cause death.
- Whether injury to a vital part of the body alone suffices to deny anticipatory bail.
- Whether the medical evidence indicating simple injuries negates the intention to cause death.
Legislation cited
- Bihar Penal Code — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 324(4), 329(4), 351(2), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- assault
- intention to cause death
- Section 109
- medical evidence
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29996 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- KHAIRA District- Jamui
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1. Dharmendra Manjhi Son of Late Bachchu Manjhi @ Bachhu Manjhi R/o
Village - Joga Jhingoi, P.S. Khaira, Dist. - Jamui.
2. Sanjay Manjhi S/o Late Bachchu Manjhi @ Bachhu Manjhi R/o Village -
Joga Jhingoi, P.S. Khaira, Dist. - Jamui.
3. Dhiraj Manjhi S/o Late Bachchu Manjhi @ Bachhu Manjhi R/o Village -
Joga Jhingoi, P.S. Khaira, Dist. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Khaira P.S. Case No. 11 of 2026
registered for the offences punishable under Sections
191(2), 191(3), 190, 115(2), 126(2), 109(1), 117(2),
324(4), 351(2), 352, 329(4) of the BNS.
3. The allegation against the petitioners is to
assault informant and others alongwith co-accused persons,
causing head and bodily injuries, where assault was made
with intention to cause death. The occurrence alleged to be
Patna High Court CR. MISC. No.29996 of 2026(2) dt.11-05-2026
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taken place due to previous enmity.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that allegation regarding physical
assault is appearing very much general and omnibus against
petitioners. The injury as alleged to be caused by petitioners,
upon medical examination of the injured found simple in
nature, negating prima facie their intention to cause death.
It is further submitted that merely because the injury was
found on a vital part of the body i.e. the head, the learned
court below rejected the prayer for anticipatory bail of the
petitioners, however, injury on a particular body part alone
cannot be the sole or prime consideration for making out of
prima facie case under Section 109(1) of BNS. Rather,
several other aspects, including the nature of injury, manner
of assault, weapon used and the pre and post-occurrence
conduct of the accused persons, are also required to be
considered for constituting an offence within the meaning of
Section 109(1) of the BNS. In support of his submission,
learned counsel relied upon the legal report of Hon’ble
Supreme Court as available through State of Himachal
Patna High Court CR. MISC. No.29996 of 2026(2) dt.11-05-2026
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Pradesh Vs. Shamsher Singh, reported as 2025 SCC
OnLine SC 807.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the injury which alleged to be caused
by the petitioners upon medical examination found simple in
nature, prima facie negating intention to cause death,
accordingly, all above named petitioners, in the event of
their arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Jamui/concerned Court, where the case is
pending in connection with Khaira P.S. Case No. 11 of 2026
subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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