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Patna High Court

Manish Kumar @ Ajit Kumar ManjhiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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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