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Patna High Court

Akhilesh ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2).

Summary

Akhilesh Manjhi applied for anticipatory bail fearing arrest in a case registered under several sections of the Bihar Narcotic (or related) Act, 2023. He alleged that the informant and his family entered a dance program he organized without tickets, leading to a mutual altercation where both sides inflicted injuries. The petitioner claimed he was falsely implicated and that the injuries to the alleged victim were minor, as shown in the annexure to his bail application. The State opposed the bail. The court, after considering the submissions, held that the allegations suggested a reciprocal fight and that the petitioner could be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and the condition of surrender within six weeks, under Section 482(2) of the B.N.S.S.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances alleged in the FIR?
  • Whether the petitioner’s alleged involvement constitutes a false implication warranting bail?

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 74
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • false implication
  • assault
  • Section 482
  • bail conditions
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1727 of 2026
                       Arising Out of PS. Case No.-247 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Akhilesh Manjhi S/O Pragash Manjhi @ Prakash Manjhi R/O Village -
                 Budhaul (Hardiya Nagar), P.S- Bodh Gaya, District -Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brijmohan Das, Advocate
                 For the Opposite Party/s :       Ma. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-02-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 117(2), 109, 74, 351(2), 352 and 3(5) of B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that he along with his family members went to see a dance

                   programme managed by petitioner, further, petitioner objected

                   why they were seeing the programme for free and thereafter

                   started assaulting Lali Manjhi by spade causing injury on his left

                   hand, finger and head, further, Kamlesh Manjhi, Awadhesh

                   Manjhi and Vikram Manjhi assaulted Anil Manjhi, Karu Manjhi,

                   Satiya Devi and Ushri Devi with Lathi and rod and acted
Patna High Court CR. MISC. No.1727 of 2026(2) dt.10-02-2026
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          inappropriately.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations, as alleged in the FIR, it would manifest that

          informant alleges that he had gone to see a programme

          organized by petitioner and when petitioner objected that why

          they were seeing the programme for free, the occurrence is

          alleged to have taken place. It is submitted that since the

          informant and his side had forcefully entered for seeing the

          programme without ticket, as such, an altercation took place in

          which both sides assaulted each other. It is also submitted that

          the injury suffered by the injured alleged to have been assaulted

          by the petitioner has been opined to be simple in nature, as

          would manifest from Annexure-3 to the anticipatory bail

          application.

                       5. Learned APP for the State opposes the anticipatory

          bail application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let petitioner, abovenamed, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail
            Patna High Court CR. MISC. No.1727 of 2026(2) dt.10-02-2026
                                                        3/3




                      bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned trial

                      court where the case is pending/Successor Court in connection

                      with Bodh Gaya P.S. Case No.247 of 2025, subject to the

                      conditions as laid down under Section 482(2) of the B.N.S.S.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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