Patna High Court
Indal Manjhi @ Indal Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners – Indal Manjhi, Balchand Manjhi, Dilchand Manjhi and Dhiraj Manjhi – were arrested on 20 July 2025 in connection with a case of alleged assault with sword and knife, charged under several sections of the B.N.S. and the Prohibition of Witch Protection Act, 1999. They contended that they have clean antecedents and were falsely implicated, arguing that the FIR contains only a vague, omnibus allegation and was filed two days after the alleged incident without explanation. The State opposed the bail application, while the petitioners’ counsel highlighted the lack of specific allegations against them and the delay in filing the FIR. The Court examined these facts, noted the petitioners’ clean record and the absence of a direct charge of assault against each of them, and considered the procedural delay as a factor favoring bail. Consequently, the Court granted bail to each petitioner on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order also directed that acceptance of bail not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioners given the alleged offences and the circumstances of the FIR filing.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 190, 191(2), 329(3), 329(4), 352
Subjects
- bail
- false implication
- delay in FIR
- clean antecedents
- criminal procedure
- assault
- Prohibition of Witch Protection Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3191 of 2026
Arising Out of PS. Case No.-685 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Indal Manjhi @ Indal Kumar Manjhi S/O Shikandar Manjhi Resident of
village Bhore, P.S. Muffasil District Gaya.
2. Balchand Manjhi Son of Sukhdeo Manjhi. Resident of village Bhore, P.S.
Muffasil District Gaya.
3. Dilchand Manjhi Son of Sukhdeo Manjhi. Resident of village Bhore, P.S.
Muffasil District Gaya.
4. Dhiraj Manjhi Son of Balchand Manjhi. Resident of village Bhore, P.S.
Muffasil District Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Anil Kumar Saxena, learned counsel for
the petitioners and Mr. Rajendra Nath Jha, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
20.07.2025, in connection with Muffasil P.S. Case No. 685 of
2025, F.I.R. dated 14.07.2025 registered for the offences
punishable under Sections 191(2), 190, 126(2), 115(2), 109,
329(3), 329(4), 352 of the B.N.S. and Section ¾ Prohibition of
Witch Protection Act, 1999.
3. Allegation against the petitioners is that they along
Patna High Court CR. MISC. No.3191 of 2026(2) dt.20-01-2026
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with other co-accused came to the house of the informant
having sword and knife and brutally assaulted her husband to
his head, back side, neck and other parts of the body due to
which he received injuries.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. Although, the petitioners are
named in the F.I.R. but from perusal of the F.I.R. it appears that
there is no specific allegation of any assault or overt act
attributed against these petitioners rather there is general and
omnibus allegation against named accused persons and 20-25
unknown accused persons in the F.I.R. From perusal of the
F.I.R. it appears that the date of occurrence as alleged in the
F.I.R. is 12.07.2025 but the present F.I.R. was instituted on
14.07.2025 after delay of two days without giving any
explanation of delay. He further submits that the police after
investigation submitted chargesheet against the petitioners and
the petitioners are in custody since 20.07.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
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and the fact that the petitioners having clean antecedents and
there is no specific allegation of any assault or overt act against
them and F.I.R. was instituted after delay of two days, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Gaya Ji in connection with Muffasil
P.S. Case No. 685 of 2025, subject to the following conditions :-
(1) 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 bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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
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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)
Ibrar//-
U T
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