Patna High Court
Rahul Kumar Manjhi @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- HARISH KUMAR
Holding
The court denied bail to the petitioner accused of inflicting a knife injury and having a suppressed criminal antecedent, while granting bail to the other petitioner where only a vague allegation existed and he had a clean record.
Summary
The petitioners Rahul Kumar Manjhi and Pankaj Kumar Manjhi sought pre‑arrest bail in a case (Khaira PS No. 159 of 2025) involving alleged assault, knife injury and outraging a woman's modesty under several sections of the Bharatiya Nagrik Suraksha Sanhita (BNS). The informant alleged that four men attacked her, with Pankaj specifically accused of delivering a knife blow that caused grievous injury. The petitioners argued the case was a retaliatory move linked to a prior family dispute and that no specific charge existed against Rahul. The State highlighted the specific accusation against Pankaj and his undisclosed prior criminal case (Khaira PS No. 198 of 2025). The court, noting the seriousness of the specific allegation and the suppressed antecedent, denied bail to Pankaj, but, finding only a vague allegation against Rahul and a clean antecedent, granted him bail subject to conditions under Section 482(2) of the BNS.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail in view of the specific allegations and prior criminal antecedent
- Whether the presence of a specific accusation against one petitioner justifies denial of bail while the other, facing only vague allegations, may be released
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- pre‑arrest bail
- assault
- knife injury
- criminal antecedent
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal law
- victim protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2752 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- KHAIRA District- Saran
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1. Rahul Kumar Manjhi @ Rahul Kumar S/o- Basudeo Manjhi @ Basudeo
Kumar @ Vasudeo Manjhi R/v- Varnpura PS- Khaira Dist- Saran
2. Pankaj KUmar Manjhi @ Pankaj Kumar S/o- Basudeo Manjhi @ Basudeo
Kumar @ Vasudeo Manjhi R/v- Varnpura PS- Khaira Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned Advocate for the petitioners,
learned Advocate for the informant and the learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Khaira P.S. Case No. 159 of 2025, registered
for the offences punishable under Sections 126(2), 115(2), 109,
118(1), 351(2), 352 and 3(5) of the BNS.
3. On the fateful day, while the informant was going
to some destination, in the meanwhile, four persons riding on
two motorcycle came there and surrounded her and caught her
hand with bad intention. It is further alleged that on protest, the
accused persons inflicted knife blow. The informant also
Patna High Court CR. MISC. No.2752 of 2026(2) dt.04-02-2026
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identified the petitioners and others, who were involved in the
incidence. It is specifically alleged that it is Pankaj Kumar
Manjhi @ Pankaj Kumar (petitioner no. 2), who has inflicted
knife blow due to which she sustained injury.
4. Learned Advocate for the petitioners submitted that
just prior to the occurrence, the father of the petitioners has
instituted Khaira P.S. Case No. 86 of 2025 on 27.04.2025
against the brother of the informant with an allegation that he
enticed away his daughter. The present case is nothing but a
counter blast and the name of the petitioners have been
knowingly implicated with a view to put pressure and wreck
vengeance. Even if the allegation taken to be true, the specific
accusation of inflicting knife blow is levelled against Pankaj
Kumar Manjhi @ Pankaj Kumar (petitioner no. 2). So far the
petitioner no. 1 (Rahul Kumar Manjhi @ Rahul Kumar) is
concerned, save and except he is said to be one of the accused
present at the place of occurrence, there is no specific
accusation. It is lastly contended that both the petitioners
undertake that they will fully co-operate in the proceeding of the
Court.
5. On the other hand, learned Advocate for the State
and the informant opposed the pre-arrest bail application and
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submits that there is specific accusation against the petitioners
of causing assault and outraging the modesty of a woman, who
was walking alone in the public pathway. Learned Advocate for
the informant further submits that so far the petitioner no. 2
(Pankaj Kumar Manjhi @ Pankaj Kumar), he is also carrying
some criminal antecedent in connection with Khaira P.S. Case
No. 198 of 2025 and this fact has been suppressed by the
petitioner no. 2.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the specific accusation against the petitioner no. 2, which led to
grievous injury, besides he has also suppressed his criminal
antecedent, this Court is not acceded to the prayer for bail of the
petitioner no. 2. Accordingly, the prayer for bail of the petitioner
no. 2 (Pankaj Kumar Manjhi @ Pankaj Kumar) stands
rejected.
7. So far the petitioner no. 1 is concerned, considering
the omnibus nature of allegation and his fair antecedent, let the
petitioner no. 1 (Rahul Kumar Manjhi @ Rahul Kumar) be
released on bail, in the event of his arrest or surrender before the
court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
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bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Saran, Chapra in connection with Khaira
P.S. Case No. 159 of 2025, subject to the conditions laid down
in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023 with the further condition that one of the bailors shall be
the own/close family members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
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