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Patna High Court

Dilip ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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