Patna High Court
Dilip ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dilip Manjhi, applied for regular bail in a criminal case (PS Case No.315 of 2025) involving multiple offences under the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged a dispute over a road leading to an assault by ten accused, resulting in injuries, but did not specifically allege any overt act of assault by the petitioner. The petitioner’s counsel argued that no overt act was attributed to him, he had no prior criminal record, and he had been in custody since 22‑12‑2025. The State opposed the bail. Considering the lack of specific allegation against the petitioner and his clean antecedent, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite being named in the FIR without any specific allegation of overt assault against him.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- regular bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- no overt act
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6297 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- AWTARNAGAR District- Saran
======================================================
Dilip Manjhi Son of Tilak Manjhi Resident Of Village- Ramgadha Rupen
Police Station -Awatar Nagar District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Awatar Nagar P.S. Case
no.315 of 2025 registered under sections 191(2), 191(3), 190,
126(2), 115(2), 118(1), 109, 352 and 351(2) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that over a dispute between the parties relating to rasta, the 14
named accused persons including the petitioner herein came to
the petitioner’s land after making a plan. It is stated that Manish
Kumar parked his vehicle and thereafter as a result of the assault
by ten named accused persons, the informant and the members
of his side sustained injuries wherein Mithu Manjhi sustained
grievous injuries.
Patna High Court CR. MISC. No.6297 of 2026(2) dt.04-02-2026
2/2
4. Learned counsel for the petitioner submits that
though the petitioner has been named in the FIR, no overt-act
has been alleged against him. He is not alleged to have assaulted
Mithu Manjhi and there is no allegation of assault whatsoever
on this petitioner. The petitioner is in custody since 22.12.2025
and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR wherein no overt-act of assault is alleged against him
together with the petitioner having remained in custody since
22.12.2025 and not having any criminal antecedent, the
petitioner is directed to be enlarged on bail in connection with
Awatar Nagar P.S. Case no.315 of 2025 on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Saran, Chapra.
(Partha Sarthy, J)
Shiv/-
U T
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