Patna High Court
CR. MISC./39120/2026 of Sheoji Manjhi @ Shivji Manjhi Vs The State of Bihar on 17 June 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39120 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- NAUTAN District- Siwan ====================================================== 1. Sheoji Manjhi @ Shivji Manjhi S/O Sabulal Manjhi Resident of Village - Narayanpur, P.S- . Nawtan,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39120 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- NAUTAN District- Siwan
======================================================
1.
Sheoji Manjhi @ Shivji Manjhi S/O Sabulal Manjhi Resident of Village - Narayanpur, P.S- . Nawtan, District Siwan
2.
Balaknath Manjhi @ Ajai S/O Sheoji Manjhi Resident of Village - Narayanpur, P.S. - Nawtan, District - Siwan
3.
Krishna Manjhi S/O Sheoji Manjhi Resident of Village - Narayanpur, P.S. - Nawtan, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Arbind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Satendra Narayan Singh, APP
For the Informant:
Mr. Saket Gupta, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
17-06-2026 Heard the learned Advocate for the petitioners, learned Advocate for the informant and the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Nawtan P.S. Case No. 17 of 2026, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3) & 3(5) of B.N.S, 2023 and Section 27 of the Arms Act.
3. The prosecution case is based upon the fardbeyan of the informant alleging therein that on the evening of the fateful day, all the FIR named accused persons variously armed with gadasa, farsa, lathi, iron road & pistol, came in the house of the informant and blocked the water drainage. When the mother-in-law of the informant protested, all the accused persons caught her hair and thrashed to the ground. It is further alleged that, in the meanwhile, when the brother-in-law of the informant came to rescue whereupon, the petitioner nos. 1 and 2 fired upon him by pistol, but he anyhow saved himself. On account of the assault being made, the informant and her mother-in-law have sustained serious injuries.
4. Learned Advocate for the petitioners submitted that with regard to an occurrence which took place on 09.01.2026 the present FIR came to be instituted on 11.01.2026. So far the allegation and thrashing the mother-in-law of the informant is concerned, the same has been attributed against all the six named accused persons. Moreover, the allegation against the petitioner nos. 1 and 2 of causing firing, the same did not hit to anyone. The allegation of snatching of valuables is nothing but a concocted one. The petitioner no. 1 though bears one criminal antecedent, however, in the said case the petitioner has been acquitted on 21.09.2022 itself. Except the aforesaid case, the petitioners do not have any criminal antecedent. The petitioner are pattidar and on the alleged date of occurrence, because of a free fight, unfortunate injuries have taken place is the contention of the learned Advocate for the petitioners.
5. On the other hand, learned Advocate for the State as well as learned Advocate for the informant opposed the pre- arrest bail application and submits that so far the delay is concerned, just after the occurrence the informant has called upon the police by calling on 112 and thereupon, police reached there and, moreover, the written report clearly contains the date 10.01.2026, but it is the laches on the part of the police that the same has been instituted on 11.01.2026. It is further contended that the informant has also filed a protest petition, which is pending consideration. The mother-in-law of the informant has sustained grievous injury as a result of the assault made by the petitioners and others and, as such, they do not deserve the privilege of anticipatory bail.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the nature of the injury sustained to the mother-in-law of the informant, coupled with the genesis of the occurrence and the delay in lodging of the FIR, as also the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Siwan in connection with Nawtan P.S. Case No. 17 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further conditions that:-
(i) One of the bailors shall be the own/close family members of the petitioners.
(ii) If the petitioners would found indulge in intimidating the informant/witnesses or temper the evidences, in such circumstances, the police/informant shall be at liberty to file an application for cancellation of their bail.
shivank/- (Harish Kumar, J) U T