Patna High Court
Mithu Manjhi @ Mahal ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted as the petitioner has a clean antecedent, the charge‑sheet is filed, and there is no likelihood of tampering or absconding.
Summary
The petitioner, Mithu Manjhi, applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault with a lathi. He claimed innocence, stating the incident stemmed from a land dispute and that he was falsely implicated. The petitioner had been in custody since 25 September 2025, had no prior criminal record, and assured cooperation with the trial, asserting no risk of evidence tampering or absconding. The State opposed bail, citing the seriousness of the offences. Considering the filed charge‑sheet, the petitioner’s clean antecedent, and the period already spent in custody, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 191(2), 190, 126(2), 115(2), 109(1), 351(2) and 352(2) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner poses a risk of tampering with evidence or absconding.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 351(2), 352(2)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- land dispute
- flight risk
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.582 of 2026
Arising Out of PS. Case No.-547 Year-2025 Thana- DHANARUA District- Patna
======================================================
Mithu Manjhi @ Mahal Manjhi S/O Late Lakshandeo Manjhi Resident of
Village- Raghunatpur Tandpar, P.S.- Dhanarua, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Chandra, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offences punishable under Sections 191(2), 190, 126(2),
115(2), 109(1), 351(2) and 352(2) of Bharatiya Nyaya Sanhita.
3. It is alleged that this petitioner along with other co-
accused persons abused and assaulted the informant and his
cousins with lathi due to which, they sustained injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Further submission is that petitioner and informant
are gotiyas and due to previous enmity and land dispute, a free-
fight took place between the parties. Allegation of assault by
lathi is on seven accused persons. The charge-sheet has already
Patna High Court CR. MISC. No.582 of 2026(3) dt.23-02-2026
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been submitted after completion of investigation. Petitioner is in
custody since 25.09.2025 having no criminal antecedent and he
undertakes to co-operate in the trial. There is no chance of
tampering with the evidence or absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge-sheet has been
submitted, clean antecedent of the petitioner and period of
custody undergone, let the above named petitioner be released
on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Sub-Divisonal Judicial Magistrate, Masaurhi at Patna in
connection with Dhanarua P.S. Case No. 547 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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