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Patna High Court

Indal Manjhi @ Indal Kumar ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/4




          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
Patna High Court CR. MISC. No.3191 of 2026(2) dt.20-01-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.3191 of 2026(2) dt.20-01-2026
                                                           4/4




                         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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