Patna High Court
Sheoji Manjhi @ Shivji ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted pre‑arrest bail to the petitioners subject to bond, sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, three members of the Manjhi family, applied for pre‑arrest bail in connection with a case alleging assault, use of weapons and firing under several sections of the Bharatiya Nagrik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case is based on the informant’s statement that the accused entered her house armed, assaulted her mother‑in‑law and fired at her brother‑in‑law, causing serious injuries. The petitioners contended that the FIR was lodged a day after the incident, the alleged firing did not hit anyone, the charge of snatching valuables is fabricated, and they have no prior criminal record except an earlier acquitted case. The State argued that the injury to the mother‑in‑law was grievous, the delay in filing the FIR was minimal, and therefore anticipatory bail should be denied. The court, after weighing the seriousness of the injury, the delay, and the petitioners’ clean antecedents, granted bail on condition of a Rs.10,000 bond per petitioner with two sureties and compliance with Section 482(2) of the B.N.S, 2023, imposing further conditions to prevent intimidation of witnesses.
Issues considered
- What is the appropriate exercise of discretion by the court in granting or refusing anticipatory/pre‑arrest bail in light of the seriousness of injury and delay in filing the FIR?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- pre‑arrest bail
- criminal procedure
- Bharatiya Nagrik Suraksha Sanhita
- Arms Act
- injury to victim
- delay in FIR
- bond conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39120 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- NAUTAN District- Siwan
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1. Sheoji Manjhi @ Shivji Manjhi S/O Sabulal Manjhi Resident of Village -
Narayanpur, P.S- . Nawtan, District Siwan
2. Balaknath Manjhi @ Ajai S/O Sheoji Manjhi Resident of Village -
Narayanpur, P.S. - Nawtan, District - Siwan
3. Krishna Manjhi S/O Sheoji Manjhi Resident of Village - Narayanpur, P.S. -
Nawtan, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Adv.
For the Opposite Party/s : Mr. Satendra Narayan Singh, APP
For the Informant: Mr. Saket Gupta, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned Advocate for the petitioners,
learned Advocate for the informant and the learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Nawtan P.S. Case No. 17 of 2026, registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2), 352, 351(2), 351(3) & 3(5) of B.N.S, 2023 and
Section 27 of the Arms Act.
3. The prosecution case is based upon the fardbeyan
of the informant alleging therein that on the evening of the
fateful day, all the FIR named accused persons variously armed
Patna High Court CR. MISC. No.39120 of 2026(2) dt.17-06-2026
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with gadasa, farsa, lathi, iron road & pistol, came in the house
of the informant and blocked the water drainage. When the
mother-in-law of the informant protested, all the accused
persons caught her hair and thrashed to the ground. It is further
alleged that, in the meanwhile, when the brother-in-law of the
informant came to rescue whereupon, the petitioner nos. 1 and 2
fired upon him by pistol, but he anyhow saved himself. On
account of the assault being made, the informant and her
mother-in-law have sustained serious injuries.
4. Learned Advocate for the petitioners submitted that
with regard to an occurrence which took place on 09.01.2026
the present FIR came to be instituted on 11.01.2026. So far the
allegation and thrashing the mother-in-law of the informant is
concerned, the same has been attributed against all the six
named accused persons. Moreover, the allegation against the
petitioner nos. 1 and 2 of causing firing, the same did not hit to
anyone. The allegation of snatching of valuables is nothing but a
concocted one. The petitioner no. 1 though bears one criminal
antecedent, however, in the said case the petitioner has been
acquitted on 21.09.2022 itself. Except the aforesaid case, the
petitioners do not have any criminal antecedent. The petitioner
are pattidar and on the alleged date of occurrence, because of a
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free fight, unfortunate injuries have taken place is the contention
of the learned Advocate for the petitioners.
5. On the other hand, learned Advocate for the State
as well as learned Advocate for the informant opposed the pre-
arrest bail application and submits that so far the delay is
concerned, just after the occurrence the informant has called
upon the police by calling on 112 and thereupon, police reached
there and, moreover, the written report clearly contains the date
10.01.2026, but it is the laches on the part of the police that the
same has been instituted on 11.01.2026. It is further contended
that the informant has also filed a protest petition, which is
pending consideration. The mother-in-law of the informant has
sustained grievous injury as a result of the assault made by the
petitioners and others and, as such, they do not deserve the
privilege of anticipatory bail.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the nature of the injury sustained to the mother-in-law of the
informant, coupled with the genesis of the occurrence and the
delay in lodging of the FIR, as also the fair antecedent of the
petitioners, let the petitioners above named be released on bail,
in the event of their arrest or surrender before the court below
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within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, Siwan in connection with Nawtan P.S. Case No. 17
of 2026, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
conditions that:-
(i) One of the bailors shall be the own/close family
members of the petitioners.
(ii) If the petitioners would found indulge in
intimidating the informant/witnesses or temper the evidences, in
such circumstances, the police/informant shall be at liberty to
file an application for cancellation of their bail.
(Harish Kumar, J)
shivank/-
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