Patna High Court
Ashok ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted bail to the petitioners subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Ashok Manjhi and Nanhe Manjhi, applied for bail in a criminal case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting the husband of the informant and others. They contended that they were falsely implicated due to village rivalry, that the FIR was lodged three days after the incident without justification, and that co‑accused persons had already been granted bail. The State opposed the bail application. The Court considered the nature of the offences, the delay in filing the FIR, the petitioners’ clean record, and the precedent of bail granted to co‑accused. It ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order was conditioned on surrender or arrest within six weeks.
Issues considered
- Whether bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the three‑day delay in lodging the FIR is a ground to deny bail.
- Whether the grant of bail to co‑accused persons in a related case influences the bail decision for the petitioners.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- village rivalry
- co‑accused
- Siwan
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77518 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- NAUTAN District- Siwan
======================================================
1. Ashok Manjhi S/o- Ramdash Manjhi R/v- Simaria Po- Simaria Ps- Nautan
Dist- Siwan
2. Nanhe Manjhi S/o- Ramjee Manjhi R/v- Baroha Po- Hasua P.S.- Nautan
Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajni Kant, Advocate
Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(1), 109, 352,
351(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the accused persons
including the petitioners abused and assaulted the husband of
the informant, her nephew and Prem Kumar Manjhi, due to
which, they sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to village rivalry. Further submission is that the
F.I.R. has been lodged after a delay of three days without any
plausible reason. The nature of the injuries to the injured are
Patna High Court CR. MISC. No.77518 of 2025(3) dt.11-02-2026
2/2
simple. He next submits that similarly situated co-accused
persons, namely, Chhotan Manjhi @ Chhotan Kumar and
Hariom Manjhi have already been granted bail by a Co-ordinate
Bench of this Court vide order dated 21.01.2026 passed in Cr.
Misc. No. 72027 of 2025. Petitioners have no criminal
antecedent and they undertake to cooperate in the investigation
and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioners be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate-I, Siwan in connection with Nautan P.S. Case No.
121 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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