Patna High Court
Om Narayan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were general, the incident amounted to a free fight with simple injuries, and therefore bail was appropriate.
Summary
The petitioner, Om Narayan Manjhi, was arrested in connection with a neighbourhood dispute that led to an alleged assault on an informant and others, resulting in charges under Sections 341, 323, 324, 307, 397, 504 and 34 of the Indian Penal Code. The petitioner contended that the incident was a "free fight" in which both sides sustained injuries, that the injuries he caused were simple, and that there was no prima facie intention to cause death, also asserting a clean antecedent. The State opposed bail. The court observed that the allegations of physical assault were general, the incident amounted to a free fight, and the medical report confirmed only simple injuries, thereby finding no justification to deny bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioner is entitled to bail despite charges including attempted murder and other serious offences.
- Whether the facts constitute a "free fight" that mitigates the seriousness of the offences.
- Whether the petitioner poses a flight risk or threat to the investigation.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS 2023 in granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 397, 504
Subjects
- bail
- criminal procedure
- assault
- free fight
- IPC
- BNSS
- West Champaran
- neighbourhood dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86523 of 2025
Arising Out of PS. Case No.-215 Year-2020 Thana- MUFFASIL District- West Champaran
======================================================
Om Narayan Manjhi, S/o Chhathu Manjhi, R/o Village-Bishambharpur,
Musahar Toli, P.S- Bettiah Mufassil, Dist- West Champaran, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Bettiah Muffasil
P.S. Case No.215 of 2020 registered under Sections 341,
323, 324, 307, 397 and 504 read with 34 of the Indian Penal
Code.
3. As per FIR, petitioner along with other co-
accused persons assaulted the informant and others causing
head and bodily injuries, with intention to cause their death,
where occurrence alleged to be arising out of neighbourhood
dispute and differences.
4. It is submitted by learned counsel that the
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occurrence was free fight in nature, where both parties
received injuries and for the same set of occurrence,
petitioner’s side lodged a case, which was lodged earlier to
present case and registered as Bettiah Muffasil P.S. Case
No.207 of 2020. It is submitted that as per FIR, the
allegation qua committing physical assault is appearing very
much general and omnibus against the petitioner. It is
submitted that though petitioner alleged to assault on
temporal region of nephew of the informant by using lathi, the
injuries caused by said assault upon medical examination,
found simple in nature, negating prima facie intention to
cause death. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the allegation qua physical assault is
appearing very much general and omnibus in nature, where
occurrence is free fight in nature, coupled with the fact that
the injuries as alleged to be caused by this petitioner upon
medical examination found simple in nature, accordingly, the
petitioner, above-named, in the event of his arrest or
Patna High Court CR. MISC. No.86523 of 2025(2) dt.11-02-2026
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surrender in the court below within a period of four weeks
from today, is directed to be released on bail 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 Chief Judicial Magistrate, West Champaran, Bettiah in
connection with Bettiah Muffasil P.S. Case No.215 of 2020,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,
2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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