Patna High Court

Chhote Manjhi @ Futani ManjhiversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Chhote Manjhi, husband of a woman who died allegedly by consuming poison, applied for bail in a criminal case (Sessions Trial No. 1741 of 2025) under Sections 85 and 108 of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that the deceased’s father had repeatedly beaten and tortured her, leading to her alleged suicide, and the petitioner was implicated. The petitioner argued that he had taken the deceased to the hospital, that the post‑mortem showed no mechanical injuries, that there was no evidence of tampering, and that he had no prior criminal record. The State opposed the bail. Considering the facts, the court found no substantive reason to deny bail and ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties. The bail order was directed to be complied with by the Additional Sessions Judge‑II, Masaurhi, Patna.

Issues considered

Whether bail should be granted to the petitioner in a case under Sections 85 and 108 of the Bhartiya Nyaya Sanhita, 2023 given the circumstances of the alleged poisoning and the absence of evidence of tampering or prior criminal record.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 108, 85

Subjects

bail
criminal procedure
Section 85 BNS
Section 108 BNS
poisoning
post‑mortem
no antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9945 of 2026
                        Arising Out of PS. Case No.-107 Year-2025 Thana- PUNPUN District- Patna
                 ======================================================
                 Chhote Manjhi @ Futani Manjhi Son of Vanvari Manjhi Resident of Village-
                 Shripalpur Thikapar, P.S.- Punpun, District- Patna
                                                                           ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jay Ram Prasad
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   01-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Sessions Trial No. 1741 of 2025 (arising out of Punpun P.S.

                   Case No. 107 of 2025), registered for the offence under Sections

                   85 and 108 of the Bhartiya Nyaya Sanhita, 2023.

                                3. The case of the prosecution is that the informant

                   got a call on 24.03.2025 that his mother had died. When he

                   reached home, villagers told him that his mother has consumed

                   poison and his father had taken her to a hospital for treatment.

                   When the informant reached hospital, he saw his mother was

                   dead. It is alleged by the informant that his father used to beat

                   his mother repeatedly and also used to torture his mother, due to

                   which the mother chose to consume poison.

                                4. Learned counsel appearing for the petitioner
          Patna High Court CR. MISC. No.9945 of 2026(4) dt.01-04-2026
                                                      2/2




                    submits that the petitioner happens to be the husband of the

                    deceased and it is clear from the narration of the FIR itself that

                    the deceased was taken to the hospital by this petitioner for

                    treatment and as per postmortem report, it is clear that there was

                    no evidence of any mechanical injury either externally or

                    internally and the opinion regarding the cause of death was kept

                    reserved for want of FSL report, the petitioner is in custody

                    since 25.03.2025 and he has got no criminal antecedents,

                    charge-sheet has been filed under Sections 85 and 108 of the

                    BNS and there is no allegation of tampering.

                                 5. Learned A.P.P. for the State vehemently opposed

                    the prayer for bail of the petitioner.

                                 6. Considering the facts and circumstances of the case

                    and the conduct of the petitioner, let the, above named,

                    petitioner be released on bail on furnishing bail bond of Rs.

                    10,000/- (ten thousand) with two sureties of the like amount

                    each to the satisfaction of learned Additional Sessions Judge-II,

                    Masaurhi, Patna, in connection with Sessions Trial No. 1741 of

                    2025 (arising out of Punpun P.S. Case No. 107 of 2025).



                                               (Praveen Kumar, J)
Pawan/-

U     T

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