Patna High Court
Hare Krishna ManjhiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court held that bail may be granted to Randhir Manjhi under the stipulated conditions, as the allegations do not warrant denial of bail.
Summary
The petitioners Hare Krishna Manjhi and Randhir Manjhi sought bail in a criminal case (PS Chapra Muffasil Case No. 460 of 2025) where Randhir was charged under several sections of the Bharatiya Nyaya Sanhita for allegedly assaulting a victim with a Daab. The petitioners withdrew the bail application for Hare Krishna, leaving only Randhir’s application. The court examined the nature of the alleged offence, noting a discrepancy between the weapon alleged and the type of injury. It held that the seriousness of the charges did not preclude the grant of bail. Accordingly, the court allowed the bail application, directing release on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether bail should be granted to Randhir Manjhi despite the charges under Sections 126(2),115(2),118(1),109,352,303(2) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the withdrawal of the application for petitioner 1 affects the consideration of petitioner 2’s bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- sharp weapon
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- Patna High Court
- Saran district
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91068 of 2025
Arising Out of PS. Case No.-460 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Hare Krishna Manjhi S/O Late Mahabir Manjhi R/O Village- Mehiyan, P.S.-
Chapra Muffasil, District- Saran
2. Randhir Manjhi S/O Hare Krishna Manjhi R/O Village- Mehiyan, P.S.-
Chapra Muffasil, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harish Kumar, Advocate
For the State : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. At the very outset, learned counsel for the
petitioners prays for and is permitted to withdraw the
application filed on behalf of petitioner no. 1.
3. Accordingly, the application stands dismissed as
withdrawn with regard to petitioner no. 1 and now it is restricted
with regard to petitioner no. 2 only.
4. The petitioner no. 2 apprehends arrest in
connection with Chapra Muffasil P.S. Case No. 460 of 2025
instituted under Sections 126(2), 115(2), 118(1), 109, 352,
303(2) and 3(5) of the Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.91068 of 2025(2) dt.28-01-2026
2/2
5. The petitioner no. 2 is said to have assaulted the
victim with a Daab (sharp weapon) whereas the injury
sustained is caused by hard and blunt substance.
6. Considering the aforesaid facts, this application is
allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner no. 2 namely, Randhir Manjhi, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Saran, Chapra/ concerned
Court in connection with Chapra Muffasil P.S. Case No. 460 of
2025, subject to the conditions laid down in Section 482 of the
BNSS/ 438(2) of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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