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Patna High Court

Rahul Kumar Manjhi @ Rahul KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.2752 of 2026(2) dt.04-02-2026
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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
            Patna High Court CR. MISC. No.2752 of 2026(2) dt.04-02-2026
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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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