Created by Fuzzy Cloud

Patna High Court

Hare Krishna ManjhiversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.