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Patna High Court

Dudhnath ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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