Patna High Court
Sugmanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, subject to prescribed conditions.
Summary
The petitioners, Sugmanti Devi, Lalan Manjhi and Gargar Manjhi, sought anticipatory bail fearing arrest in a case involving alleged assault on police during a raid on illicit liquor. The prosecution alleged that the wife of co‑accused Joginder Manjhi attacked police and that the petitioners were implicated, though they claim no familial link and assert false identification by a local watchman. The State opposed the bail, citing the seriousness of offences under the IPC and the Bihar Prohibition and Excise Act. The court examined the facts, noting the petitioners' lack of criminal antecedents and the possibility of non‑grievous injuries. It granted anticipatory bail on the condition of surrender within six weeks and furnishing bail bonds, invoking Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite the serious nature of the allegations.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- illicit liquor
- assault on police
- false implication
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34329 of 2026
Arising Out of PS. Case No.-123 Year-2022 Thana- WAJIRGANJ District- Gaya
======================================================
1. Sugmanti Devi Wife of Lalan Manjhi Resident of Village- Sakardas
Nawada, P.S.- Wazirganj, District- Gaya Ji
2. Lalan Manjhi Son of Kudha Manjhi Resident of Village- Sakardas Nawada,
P.S.- Wazirganj, District- Gaya Ji
3. Gargar Manjhi Son of Kudha Manjhi Resident of Village- Sakardas Nawada,
P.S.- Wazirganj, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The Petitioners are apprehending their arrest in
connection with Wazirganj P.S. Case No. 123 of 2022 registered
for the offence punishable under Sections 147, 148, 149, 323,
324, 332, 333, 307, 337, 224, 225, 353 and 504 of the I.P.C. and
Sections 30(a), 30(b), 37(2) and 45 of the Bihar Prohibition and
Excise Act.
4. As per the prosecution case, on a secret information
Patna High Court CR. MISC. No.34329 of 2026(2) dt.19-05-2026
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regarding the sale of illicit liquor, the informant, along with
police personnel, conducted a raid at the house of co-accused
Joginder Manjhi. Upon search, total 10 litres of illicit country
made liquor was recovered from the house in question.
Thereafter, the wife of Joginder Manjhi, armed with a “Damkol”
(a sharp-cutting weapon), assaulted the informant on the head,
while the other accused persons resorted to brick-batting, due to
which some members of the police party sustained injuries. It is
further alleged that, taking advantage of the commotion caused
during the assault, Joginder Manjhi was freed from the custody
of the raiding party.
5. Learned counsel for the petitioners has submitted
that petitioners are innocent and have falsely been implicated in
this case. It has further been submitted that the petitioners are
not the family members of Joginder Manjhi and only general
and omnibus allegations have been levelled against them. It has
also been submitted that the petitioners have been identified by
the local chaukidar, with whom they have share prior enmity. It
has further been submitted that none of the injured persons
sustained any grievous injuries. Lastly, it has been submitted
that the petitioners have got no criminal antecedents.
6. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.34329 of 2026(2) dt.19-05-2026
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opposed the prayer for anticipatory bail of the petitioners.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bonds of Rs.
10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, Gaya Ji, in connection with Wazirganj P.S. Case No.
123 of 2022, subject to the conditions as laid down under
Section 482(2) of the Bharitya Nagrik Suraksha Sanhita
(B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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