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Patna High Court

Jhulan ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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