Patna High Court
Surya ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail, subject to bond and sureties, as the allegations are vague and a prima facie case for bail exists.
Summary
The petitioner, Surya Manjhi, applied for pre‑arrest bail in a case (PS‑Buniyadganj Case No. 270 of 2025) alleging obstruction of police duties, assault on officers and damage to a police vehicle under multiple sections of the BNS. He contended that the FIR contains vague, omnibus allegations and that he was falsely implicated due to a personal dispute with the village watchman. The State opposed the bail, arguing the seriousness of the offences. The Court examined the FIR and found that the allegations against the petitioner were indeed general and not specific, establishing a prima facie case for bail. Consequently, the Court ordered his release on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, and directed verification of his criminal antecedents.
Issues considered
- Whether pre‑arrest bail should be granted when the FIR contains vague and omnibus allegations against the accused.
- Whether the petitioner is prima facie liable under the listed sections of the BNS to deny bail.
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS are applicable to the bail order.
Legislation cited
- BNS — s. 109, 115(2), 121(1), 126(2), 132, 262, 3(5), 351(2), 352
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- pre‑arrest bail
- omnibus allegation
- obstruction of police
- assault on police officers
- damage to police vehicle
- bail bond
- sureties
- Section 438 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17647 of 2026
Arising Out of PS. Case No.-270 Year-2025 Thana- BUNIYAD GANJ District- Gaya
======================================================
Surya Manjhi Son of Karu Manjhi Resident of Manpur, Surya Pokhra, Bhuiya
Tola, P.S.- Buniyadiganj, District- Gaya Jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Syed Asgher Najmi, Advocate.
Mr. Wajeeha Jafri, Advocate.
Mr. Ashutosh Kumar Mishra, Advocate.
Ms. Neha Kumar, Advocate.
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 14-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Buniyadganj P.S. Case No. 270 of 2025 registered for the
offence punishable under Sections 262, 126(2), 115(2), 109,
121(1), 132, 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., the
petitioner, along with other co-accused, allegedly obstructed the
police officials in discharge of their official duties, assaulted
them, and also caused damage to the police vehicle.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is accused in two
Patna High Court CR. MISC. No.17647 of 2026(4) dt.14-05-2026
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criminal cases and merely because he is on inimical terms with
the Chaukidar of the village, he has been falsely implicated in
the present case. The petitioner has no concern with the alleged
occurrence relating to obstruction of police personnel in
discharge of their official duties, assault upon them, and damage
caused to the police vehicle. Vague and omnibus allegation has
been alleged against the petitioner, as there are altogether 50
named and unnamed accused persons in the present case. On
these grounds, learned counsel seeks that the petitioner be
released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., only general and omnibus allegation of obstructing
the police personnel from discharging their official duties,
assaulting them, and damaging the vehicle has been made
against the petitioner, I find that the petitioner has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the Court below within a period of four weeks from
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today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
learned ACJM-VIII, Gayaji in connection with Buniyadganj P.S.
Case No. 270 of 2025, subject to the condition as laid down
under Section 438(2) Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
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