Patna High Court
Rabeen Manjhi @ Ravin ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail may be granted where the injury is not grievous and the accused have clean antecedents, but must be denied where the accused caused a grievous injury.
Summary
The petitioners, four brothers, sought pre‑arrest bail in a case alleging assault, robbery and other offences under various sections of the Bharatiya Nagarik Suraksha (BNS). The prosecution alleged that the accused assaulted the informant with weapons, causing injuries and looting Rs.4,000. The petitioners argued that the allegations were vague, the FIR was filed after an unjustified four‑day delay, and they have clean antecedents. The court noted that petitioner No.3 caused a grievous injury, whereas petitioners Nos.1, 2 and 4 did not, and considered their clean records. Accordingly, bail was denied to petitioner No.3 but granted to petitioners Nos.1, 2 and 4 subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to the accused under Section 482(2) of the BNSS despite the nature of the alleged offences.
- Whether the grievous nature of injury caused by petitioner No.3 justifies denial of bail.
- Whether the four‑day delay in lodging the FIR affects the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha (BNS) — s. 109, 115(2), 118(1), 127(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 74
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — s. 482(2)
Subjects
- pre‑arrest bail
- grievous injury
- clean antecedent
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71983 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- SINDHIYA District- Samastipur
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1 . Rabeen Manjhi @ Ravin Manjhi S/o- Late Raghunath Manjhi R/o -
Musharniya, P.S - Singjiya, District - Samastipur, Bihar
2. Arvind Manjhi S/o- Late Raghunath Manjhi R/o - Musharniya, P.S -
Singjiya, District - Samastipur, Bihar
3. Vipin Manjhi S/o- Late Raghunath Manjhi R/o - Musharniya, P.S - Singjiya,
District - Samastipur, Bihar
4. Prem Manjhi S/o- Late Raghunath Manjhi R/o - Musharniya, P.S - Singjiya,
District - Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 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 ),
191 (3) , 190, 127 ( 2 ), 115 ( 2 ), 118 (1) , 109, 303 ( 2 ), 74,
352 and 351 ( 2 ) of BNS.
3. As per the prosecution case , informant alleged
that all the F.I.R. named accused persons including these
petitioners assaulted informant and others by means of lathi,
iron rod, frasa and axe due to which they sustained injuries and
Patna High Court CR. MISC. No.71983 of 2025(3) dt.13-01-2026
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also looted Rs. 4,000/- from them.
4. It is submitted on behalf of petitioners that
allegation of assault is general and omnibus against them. F.I.R.
has been lodged after the delay of 4 days for which there is no
plausible explanation . Rest of the allegations are ornamental in
nature to make the case grave . Petitioners claim clean
antecedent.
5 . Learned APP for the State opposed the bail and
submitted that injury caused by petitioner No. 3 is grievous in
nature .
6. Considering the fact that injury caused by petitioner
No. 3 is grievous in nature , the prayer for pre – arrest bail of
petitioner No. 3 is rejected.
7. Considering the nature of injury caused by
petitioner Nos. 1 , 2, 4 and 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 petitioner Nos.
1 , 2, 4 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 Additional
Chief Judicial Magistrate 1st Rosera Samastipur in connection
with Singhiya P.S. Case No. 12 of 2025 , subject to the
Patna High Court CR. MISC. No.71983 of 2025(3) dt.13-01-2026
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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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