Patna High Court
Dudhnath ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
Dudhnath Manjhi was arrested in connection with an assault case (PS Bishambharpur Case No. 69 of 2025) alleging that he and co‑accused beat the informant's son with a lathi, danda and iron rod, causing serious injuries. The petitioner claimed he was falsely implicated, citing his age (61), lack of motive, and absence of any intention to cause death, arguing that Section 109 of the B.N.S., 2023 should not apply. The State contended that the victim sustained multiple injuries, two of which were grievous. The court, after considering the petitioner’s prolonged custody since 15‑06‑2025 and the pending chargesheet, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S., including the presence of a close relative as a bailor and mandatory court appearances.
Issues considered
- Whether bail should be granted to the accused for offences under Sections 126(2), 115(2), 118(1) and 109 read with 3(5) of the B.N.S., 2023.
- Whether the facts alleged justify the application of Section 109 (attempt to cause death).
- Whether the petitioner’s age, lack of motive and alleged false implication warrant bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- assault
- grievous injury
- false implication
- Section 109
- Section 480(3)
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68533 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Dudhnath Manjhi S/o Mahajan Manjhi, R/o Village- Kala Matihania, P.S.-
Bishambharpur, District- Gopalganj, at present Bhajchhaper (Ramjeeta
Bandh), P.S.- Bishambharpur, District- Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ravi Shankar Sahay, Advocate
Mr. Hira Lal Gupta, Advocate
Mr. Rakesh Kumar Mishra, Advocate
For the Opposite Party : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Bishambharpur P.S. Case No. 69 of 2025 dated
01.04.2025, registered for the offences punishable under
Sections 126(2), 115(2), 118(1) and 109 read with Section 3(5)
of the B.N.S., 2023.
3. As per the prosecution case, the petitioner and
other co-accused persons assaulted the son of the informant with
lathi, danda and iron-rod, who received serious injury.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. No occurrence in the manner as alleged has
Patna High Court CR. MISC. No.68533 of 2025(4) dt.05-01-2026
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ever taken place. The petitioner is aged about sixty-one years
and it is not believable that he went on to assault the son of the
informant. No reason or motive has been given for the assault.
There was no intention to cause death of any person and hence,
there would be no application of Section 109 of the B.N.S.,
2023. Learned counsel next submits that petitioner is having
antecedent of one case under Bihar Prohibition and Excise Act
in which he is on bail and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
15.06.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that the victim received a number of injuries and two of
the injuries are stated to be grievous in nature and one is simple
in nature.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and submission of
chargesheet against him, the petitioner, above-named, is directed
to be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Patna High Court CR. MISC. No.68533 of 2025(4) dt.05-01-2026
3/3
Class, Gopalganj / concerned Court, in connection with
Bishambharpur P.S. Case No. 69 of 2025, subject to the
condition laid down under Section 480(3) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date or in violation of the terms of the bail, the bail bond
of the petitioner will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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