Patna High Court
Vinay Kumar Manjhi @ Vinay KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail, holding that the injury was simple and the surrounding circumstances justified bail.
Summary
The petitioners, Vinay Kumar Manjhi and his son Monu Kumar, applied for anticipatory bail in a case arising from a long‑standing land dispute in Garkha, Saran, where they were accused of assaulting the informant with a knife and an iron rod. The FIR alleged offences under several sections of the Bharatiya Nyaya Sanhita, and the informant claimed serious head and elbow injuries, supported by photographs and a medical report. The petitioners argued that the injury was simple, the medical opinion contradicted the alleged seriousness, and a counter‑case had been filed by them under Section 109. The informant opposed bail, emphasizing the seriousness of the injury and the threat posed by the petitioners. Considering the nature of the injury as simple, the existence of a counter‑case, and the land dispute context, the court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the accused despite allegations of assault causing serious injury.
- Whether the nature of the injury (simple vs serious) affects the grant of anticipatory bail.
- Whether the existence of a counter‑case and a land dispute influences the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- Section 482
- injury assessment
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66751 of 2025
Arising Out of PS. Case No.-506 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Vinay Kumar Manjhi @ Vinay Kumar S/O Bhola Lal Manjhi R/O Vill.-
Wajidpur, P.S.- Garkha, Dist.- Saran.
2. Monu Kumar @ Mannu Kumar S/O Vinay Kumar Manjhi @ Vinay Kumar
R/O Vill.- Wajidpur, P.S.- Garkha, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav, Advocate
For the Informant : Mr. Satish Kumar Pandey, Advocte
For the State : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 25-02-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail, arises
out of Garkha Police Station Case No. 506 of 2025,
corresponding to G.R. No. 6579 of 2025, disclosing offences
under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 3(5)
of Bharatiya Nyaya Sanhita.
3. The allegation against petitioner no.1 is that he
assaulted the informant with knife on his head and petitioner no.
2 assaulted with iron rod causing injury near the elbow of the
informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.66751 of 2025(4) dt.25-02-2026
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there is long standing land dispute between petitioners’ side and
informant which would be evident from FIR itself. Counter case
has been lodged by the side of the petitioners bearing Garkha
P.S. Case No. 542 of 2025 against the informant and others
under Section 109 and other allied sections of B.N.S., 2023. The
allegation of assault upon the petitioner no. 1 is by knife which
is sharp cutting weapon but the doctor has given the opinion
regarding cause of injury as hard and blunt substance. The
doctor has subsequently opined the nature of injury as simple.
Petitioner No. 1 is working in the Railway as ESM-1.
5. On the other hand, learned counsel for the
informant vehemently opposed the prayer for bail and submits
that there is specific allegation against the petitioners that they
assaulted the informant by means of knife as well as iron rod,
the informant has sustained serious injury on the head which
would be evident from the photograph annexed with a counter
affidavit filed on behalf of the informant. The petitioners have
been threatening the informant’s side due to land dispute
regularly and it has become very difficult for the side of
informant to live in the village peacefully as the petitioners are
very influential person. The seriousness of the injury would be
evident from the fact that the informant remained unconscious
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for three days which has been mentioned in the FIR.
6. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact that
there is long standing land dispute between the parties, case and
counter case is there, the injury sustained by the informant, is
simple in nature, I am inclined to grant the petitioners privilege
of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-XVII, Saran at Chapra, in connection with Garkha Police
Station Case No. 506 of 2025, subject to the condition laid
down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
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