Patna High Court
Jhulan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to a bond and conditions under section 482(2) of the BNSS.
Summary
The petitioners, Jhulan Manjhi and Rajesh Manjhi, sought bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault arising from a fight between their children. The FIR described a free fight resulting in injuries on both sides, with a general and omnibus assault allegation. The petitioners asserted a clean antecedent and the State opposed the bail. The court, considering the petitioners' clean antecedent and the circumstances, ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS. The bail order was directed to be executed by the Judicial Magistrate First Class, Saran.
Issues considered
- Whether the petitioners are entitled to bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the charges under sections 191(2), 190, 126(2), 115(2), 118(2) and 109.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(2), 126(2), 190, 191(2), 482(2)
Subjects
- bail
- criminal procedure
- assault
- clean antecedent
- BNSS
- section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6175 of 2026
Arising Out of PS. Case No.-602 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Jhulan Manjhi S/O Dhurkheli Yadav Resident of Village- Addupur P.S.-
Garkha, District- Saran At Chapra
2. Rajesh Manjhi S/O Jhulan Manjhi Resident of Village- Addupur P.S.-
Garkha, District- Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhileshwar Pandey, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 191 ( 2 ),
190, 126 ( 2 ), 115 ( 2 ), 118 ( 2 ) and 109 of BNS.
3 . As per F.I.R., due to quarrel between the children
of both the parties, a free fight took place in which both sides
inflicted injuries on each other. Case and counter case .
Allegation of assault is general and omnibus against these
petitioners. Petitioners claim clean antecedent.
4. Learned counsel for the State oppose the bail
petition .
Patna High Court CR. MISC. No.6175 of 2026(2) dt.04-02-2026
2/2
5 . Considering the aforesaid facts, clean antecedent of
these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
J M Ist Class, Saran at Chhapra in connection with Garkha P.S.
Case No. 602 of 2025 , subject to the conditions laid down
under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha
Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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