IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59342 of 2025 Arising Out of PS. Case No.-325 Year-2025 Thana- MADHAURAH District- Saran ====================================================== 1. Bittu Manjhi @ Bhuar Manjhi @ Bhuar Kumar S/O Suresh Manjhi R/O Village- Mirjapur, P.S- Marhowrah, Distt.- Saran at Chapra. 2. Nirmal Manjhi S/O Late Moti Manjhi R/O Village- Mirjapur, P.S- Marhowrah, Distt.- Saran at Chapra. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar, Advocate Mr. Akash Ambuj, Advocate Ms. Anushka Kumari, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. In the present case, the petitioners seek bail in connection with Marhowrah P.S. Case No. 325 of 2025 registered on 13.05.2025 for the offences under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S. 3. As per prosecution case, petitioners and other co- accused persons entered into a tent erected for marriage ceremony of the brother of the informant and cut the connection of generator. Subsequently, the petitioners and other co-accused persons armed with lathi, danda, sword and iron rod assaulted the informant and other members of ‘barat’ causing a number of injuries to them. 4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.59342 of 2025(2) dt.27-08-2025 2/3 petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The baraties molested the female members of the family of the petitioner and in this background some scuffle took place between the parties and the petitioners and other co-accused persons have been falsely implicated in the present case. There is case and counter case between the parties and Marhowrah P.S. Case No. 321 of 2025 has been lodged by the petitioners’ side earlier in time. It shows the petitioners’ side is not the aggressor. Injury reports show only simple injury caused by hard and blunt substance and this falsifies the allegation of causing sword injury to the informant. There was no intention to cause death and this fact is also apparent from the injury report. Therefore, no offence under Section 109 of BNS is made out against the petitioners. Petitioners are in custody since 22.05.2025 and charge-sheet has been submitted. Petitioners are having clean antecedent. 5. Learned A.P.P. opposes the submission made on behalf of the petitioners. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injury of the victims and also considering the period of custody of the petitioners along with their clean antecedent and submission of charge-sheet, the petitioners above Patna High Court CR. MISC. No.59342 of 2025(2) dt.27-08-2025 3/3 named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra/concerned court in connection with Marhowrah P.S. Case No. 325 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. balmukund/- (Arun Kumar Jha, J) U T