Patna High Court
Suresh Manjhi @ Suresh Prasad ManjhiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to Suresh Manjhi subject to bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners sought anticipatory bail in connection with FIR No. 311 of 2025, which alleged offences under several sections of the Bhartiya Nyay Sanhita, 2023, including abuse and assault of an informant. Petitioners Suresh Manjhi and his son Niraj Madhukar filed the application; the latter withdrew his request, leaving only Suresh Manjhi's petition. The petitioner argued that the allegations were vague, that there was no intent to outrage the informant's modesty, and highlighted his clean antecedent. The State opposed the bail, contending the seriousness of the offences. The Court, noting the lack of specific allegation against Suresh Manjhi and his clean record, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to Suresh Manjhi despite the FIR alleging abuse and assault.
- Whether the FIR contains sufficiently specific allegations to deny bail.
- Whether the petitioner's clean antecedent warrants bail under the applicable provisions.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 117(2), 126(2), 3(5), 351(2), 352, 74
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- FIR
- abuse
- assault
- clean antecedent
- bail conditions
- Cr.P.C. 438
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28043 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Suresh Manjhi @ Suresh Prasad Manjhi S/O Bhikhan Manjhi Resident of
Vill.- Kishanpur, P.S.- Amarpur, Dist.- Banka
2. Niraj Madhukar S/O Suresh Manjhi @ Suresh Prasad Manjhi Resident of
Vill.- Kishanpur, P.S.- Amarpur, Dist.- Banka
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. After short argument, learned counsel appearing on
behalf of the petitioners seeks permission to withdraw this
application with regard to petitioner no. 2 namely, Niraj
Madhukar.
3. Accordingly, prayer of anticipatory bail of petitioner
no. 2 namely, Niraj Madhukar stands dismissed as withdrawn.
4. Now, this anticipatory bail petition survives only with
regard to petitioner no. 1 namely, Suresh Manjhi @ Suresh
Prasad Manjhi.
5. The accused-petitioner no.1, named in the F.I.R., is
apprehending his arrest in connection with Amarpur P.S. Case
Patna High Court CR. MISC. No.28043 of 2026(2) dt.01-05-2026
2/3
No. 311 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 74, 117(2), 352, 351(2) and 3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
6. The allegation against the petitioner no. 1 is to abuse
and assault the informant during course of occurrence.
7. Learned counsel appearing on behalf of the petitioner
submitted that occurrence took place in the background of
previous loan of Rs. 4000/- and allegation qua abusing and
assault is appearing very much general and omnibus in nature.
8. It is submitted that FIR in issue, nowhere suggest that
act of petitioner was with intention to outrage the modesty of
the informant. Petitioner no. 1 claimed to be a man of clean
antecedent.
9. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner no. 1.
10. In view of the aforesaid factual submissions and by
taking note of the fact as allegation of abuse and assault is not
specifically available against this petitioner, who is a man of
clean antecedent, accordingly, above-named petitioner no. 1
namely, Suresh Manjhi @ Suresh Prasad Manjhi, in the event of
his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
Patna High Court CR. MISC. No.28043 of 2026(2) dt.01-05-2026
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bond of Rs.10,000/- (ten thousand only) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrtate, Banka/concerned court in connection with Amarpur
P.S. Case No. 311 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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