Patna High Court
Manish Kumar @ Ajit Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioners are entitled to bail subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Manish Kumar and Umesh Manjhi, were accused of assaulting an informant and his cousin under several provisions of the Bharatiya Nyaya Sanhita. They claimed the incident stemmed from a dispute over a mango tree branch, with both sides sustaining minor injuries, and asserted they had no prior criminal record. The State opposed their bail application, while the petitioners sought release pending investigation. The court considered the nature of the allegations, the existence of a case and counter‑case, and the petitioners' clean antecedents. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted bail subject to a bond and sureties, provided the petitioners surrender within six weeks.
Issues considered
- Whether the petitioners are entitled to bail despite charges under Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting bail
- Impact of a case‑and‑counter‑case and the petitioners' clean antecedent on bail determination
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- case and counter case
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31716 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- PARSA District- Saran
======================================================
1. Manish Kumar @ Ajit Kumar Manjhi S/o Sri Dhanesh Manjhi Resident of
village- Bahar Marar, PS- Parsa, Distt- Saran
2. Umesh Manjhi S/o Late Chandrika Manjhi Resident of village- Bahar Marar,
PS- Parsa, Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 109(1), 303(2), 352,
351(2), 351(3) & 3(5) of Bharatiya Nyaya Sanhita.
3. The allegation against the petitioners is that petitioner
no.1 assaulted the informant with knife causing head injury.
Petitioner no.2 is alleged to have assaulted the informant’s
cousin Raju Singh with iron fighter when he came to rescue the
informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.31716 of 2026(2) dt.07-05-2026
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present case. Further submission is that the altercation took
place between the parties due to breaking of branches of the
mango tree. There is a case and counter case between both sides.
Both sides sustained injuries. The injuries to the injured are
found to be simple in nature. Petitioner no.1 is aged about 24
years and petitioner no.2 is aged about 65 years old. Petitioners
have no criminal antecedent and they undertake to cooperate in
the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties,
nature of allegations made against the petitioners and the fact
that there is a case and counter case between both sides and
petitioners have clean antecedent, let the above named
petitioners be released on bail, in the event of arrest or surrender
before the learned court below within a period of six weeks
from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned 9th Additional Chief Judicial Magistrate,
Saran at Chapra in connection with Parsa P.S. Case No. 03 of
2026 corresponding to G.R. No.182 of 2026, subject to the
Patna High Court CR. MISC. No.31716 of 2026(2) dt.07-05-2026
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conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
Harish/-
U T
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