Omprakhash Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47181 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== Omprakhash Manjhi S/O Late Binda Manjhi R/o Village- Baiju Barhoga, PSBasantpur, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Prasad, Advocate For the Opposite Party/s :

Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Basantpur P.S. Case No. 155 of 2025 instituted for the offences under Sections 191(2), 329(3), 118(1), 109(1), 308(3), 74, 303(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the accused persons including the petitioner assaulted the informant and his family members with lathi-danda and also looted Rs. 20,000/-.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.47181 of 2025(3) dt.23-09-2025 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that although there is specific allegation against the petitioner of assaulting with lathi but the petitioner had no intention to commit the murder of any person and therefore, Section 109 of the Bharatiya Nyaya Sanhita, 2023 is not attracted against him. Learned counsel further submitted that there is case and counter-case between the parties. He further contended that the petitioner has been implicated in this due to previous enmity and village politics. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.05.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being case and counter-case between the parties as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.47181 of 2025(3) dt.23-09-2025 3/3 below/concerned Court in connection with Basantpur P.S. Case No. 155 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T