Patna High Court
Dharmendra Manjhi @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNS.
Summary
The petitioner, Dharmendra Manjhi, was arrested in connection with an FIR alleging participation in an unlawful assembly that seized potato sacks and assaulted an informant and his uncle. He sought bail, arguing that the specific assault allegations were directed at other co‑accused, that his injuries were minor, and that he has a clean antecedent. The State opposed the bail. The Court considered the petitioner’s clean record, the nature of the alleged injuries, and the fact that a co‑accused had already been granted bail in a related case. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court ordered bail on the condition of a Rs.10,000 bond with two sureties, provided the petitioner surrenders within eight weeks. The bail order was subject to the usual conditions and the petition was disposed in the petitioner’s favour.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the allegations against the petitioner are specific enough to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 127(1), 127(2), 303(2), 3(5), 351(2), 351(3), 482(2)
Subjects
- bail
- unlawful assembly
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36296 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- TEKARI District- Gaya
======================================================
Dharmendra Manjhi @ Dharmendra Kumar S/o Laal Manjhi R/o Village -
Baljori Bigha, P.S - Tekari, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 127(1) , 127(2), 115
(2), 118 (1) , 117 (2), 109, 303 (2), 351 (2), 351(3) and 3 (5) of
BNS.
3 . As per F.I.R. on 04.03.2025 , this petitioner along
with other co-accused persons and around 10–15 unknown
persons formed an unlawful assembly came and started taking
away the potato sacks kept in the field of informant. When uncle
of informant objected the same then accused persons assaulted
informant, his uncle and others. Thereafter, the present F.I.R.
was registered against 9 accused persons.
4. It is submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.36296 of 2026(2) dt.25-06-2026
2/2
specific accusation of assault is against other co-accused
persons. Allegation is general and omnibus against this
petitioner. As per injury report, injuries sustained by injured are
simple in nature . Petitioner claim clean antecedent. Similarly,
situated co-accused person has already been granted bail by this
Hon’ble Court vide order dated 24.03.2026 in Cr. Misc. No.
89393 of 2025.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged 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 ACJM – VI
Gayajee in connection with Tekari P.S. Case No. 106 of 2025 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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