Patna High Court
Takori Manjhi @ Takauri Manjhi@ Takaudi AmnjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The appeal is allowed and anticipatory bail is granted to the appellant.
Summary
The appellant, Takori Manjhi, was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act, 1989 for allegedly assaulting informant Prakash Paswan. The prosecution alleged a brutal assault with intent to murder, while the appellant contended that the injuries were minor, he had no criminal antecedent, and no offence under the SC/ST Act could be made out against him. The court examined the FIR, the injury report, and the appellant's caste certificate confirming his SC status. Finding the injury report indicated only simple inflammation and noting the lack of prior convictions, the court concluded that the allegations did not justify denial of anticipatory bail. Consequently, the appellate court set aside the lower court’s order and granted anticipatory bail subject to a bail bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the appellant under the Bharatiya Nyaya Sanhita provisions.
- Whether the facts alleged constitute an offence under the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the appellant's caste status and lack of criminal antecedent preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 127(2), 303(2), 3(5)
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- assault
- SC/ST Act
- caste certificate
- criminal antecedent
- Bharatiya Nyaya Sanhita
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4628 of 2025
Arising Out of PS. Case No.-309 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Takori Manjhi @ Takauri Manjhi@ Takaudi Amnjhi S/O Bali Manjhi R/O
Village- Laukariya, Ward No. 3, P.S. Bairiya, District - West Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Prakash Paswan S/O Rajendra Paswan R/O-Village-Laukariya, Ward No. 3,
P.S. Bairiya, District - West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Ms. Usha Kumari 1, SPP
For Respondent no.2 : Mr. Abhirup, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the parties.
2. The instant appeal has been preferred against the
order dated 13.10.2025 passed in Anticipatory Bail Petition
no.1952 of 2025 by the learned District and Additional Sessions
Judge-I-cum-Special Judge, SC/ST, Bettiah, West Champaran
and for grant of anticipatory bail in connection with Bairiya P.S
Case no.309 of 2025 registered under sections 126(2), 127(2),
115(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and sections 3(1)(r)(s) and 3(2)(va) of the SC and ST
Patna High Court CR. APP (SJ) No.4628 of 2025(3) dt.23-02-2026
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(Prevention of Atrocities) Act, 1989.
3. As per the prosecution case, the informant states
that he along with one another person were taken by the accused
persons including the appellant herein and brutally assaulted by
them.
4. Learned counsel for the appellant submits that from
reading of the FIR, it would be evident that so far as the
appellant is concerned, the allegation of assault against him is
on the informant Prakash Paswan. Referring to the injury report
at Annexure-3 series, it is submitted that the injuries found on
the informant is of inflammation, swelling and redness. They
have been opined to be simple in nature. The appellant has no
criminal antecedent and no offence as alleged in the FIR is made
out, at least from perusal of the injury report. No offence under
the SC and ST Act is made out against the appellant.
5. The appeal is opposed by learned Special Public
Prosecutor for the State as also the learned counsel for the
respondent no.2. On having been pointed out the caste
certificate of the appellant belonging to the SC category as per
Annexure-2, it is not disputed that no offence under the SC and
ST Act is made out against the appellant. However, learned
counsel for the respondent no.2 vociferously opposes the
Patna High Court CR. APP (SJ) No.4628 of 2025(3) dt.23-02-2026
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application for anticipatory bail of the appellant stating that the
accused persons including the appellant herein took the
informant and one another across the river and brutally
assaulted him with the intention to murder him.
6. Having heard learned counsel for the parties and
having perused the allegations in the FIR, the caste certificate of
the appellant at Annexure-2, the injury report of the informant
whom the appellant is said to have assaulted as contained in
Annexure-3 series together with the appellant not having any
criminal antecedent, the Court is inclined to allow the instant
appeal.
7. The appeal is allowed and the order dated
13.10.2025 passed in Anticipatory Bail Petition no.1952 of 2025
by the learned District and Additional Sessions Judge-I-cum-
Special Judge, SC/ST, Bettiah, West Champaran is set aside.
8. It is directed that the appellant above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Bairiya P.S Case no.309 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
District and Additional Sessions Judge-I-cum-Special Judge,
Patna High Court CR. APP (SJ) No.4628 of 2025(3) dt.23-02-2026
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SC/ST, Bettiah, West Champaran.
(Partha Sarthy, J)
sauravkrsinha/-
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