Patna High Court
Akchhay Manjhi @ Akchhay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the petitioner has a clean antecedent, no specific allegation of assault against him in the FIR, and the delay in filing the FIR does not preclude bail.
Summary
The petitioner, Akchhay Manjhi, was arrested on 30 January 2026 in connection with a case involving alleged assault with a sword and knife, charged under multiple sections of the Bharatiya Nyay Sanhita, 2023 and the Witch Protection Act, 1999. He sought bail, arguing that he has a clean antecedent and that the FIR contains only a general allegation against him without specific details of any overt act, and that the FIR was filed two days after the alleged incident without explanation. The prosecution opposed bail, citing the seriousness of the offences. The court noted the absence of specific allegations against the petitioner, the delay in filing the FIR, and the petitioner’s clean record, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates or concealment of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the Bharatiya Nyay Sanhita and the Witch Protection Act.
- Whether the two‑day delay in filing the FIR affects the grant of bail.
- Whether the lack of specific allegation of assault against the petitioner in the FIR warrants bail.
Legislation cited
- Bharatiya Nyay Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 329(3), 329(4), 352
- Witch Protection Act — s. 3, 4
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- Witch Protection Act
- delay in FIR
- clean antecedent
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34839 of 2026
Arising Out of PS. Case No.-685 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Akchhay Manjhi @ Akchhay Kumar S/o Bigan Ram Manjhi Resident of
Village - Bhore, P.S. - Muffasil, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-05-2026 Heard Mr. Anil Kumar Saxena, learned counsel for
the petitioner as well as Mr. Umeshanand Pandit, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.01.2026 in connection with Muffasil P.S. Case No. 685/2025,
F.I.R. dated 14.07.2025 for the offences punishable under
Sections 191(2), 190, 126(2), 115(2), 109, 329(3), 329(4) and
352 of the Bharatiya Nyay Sanhita, 2023 and Sections 3 and 4
of the Witch Protection Act, 1999.
3. According to prosecution case, the petitioner along
with the other co-accused persons came to the house of the
informant having sword and knife and brutally assaulted her
husband to his head, back side, neck and other parts of the body
due to which he received injuries.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.34839 of 2026(2) dt.15-05-2026
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implicated in the present case. Although, the petitioner is named
in the F.I.R. but from perusal of the F.I.R. it appears that there is
no specific allegation of any assault or overt act attributed
against the petitioner rather there is general and omnibus
allegation against the petitioner and other co-accused persons
along with 20-25 unknown accused persons in the F.I.R. From
perusal of the F.I.R. it appears that the date of occurrence as
alleged in the F.I.R. is 12.07.2025 but the present F.I.R. was
instituted on 14.07.2025 after delay of two days without giving
any explanation of delay. The co-accused persons namely, Indal
Manjhi, Balchand Manjhi, Dilchand Manjhi and Dhiraj Manjhi
have been granted bail by this Hon’ble Court vide order dated
20.01.2026 passed in Cr. Misc. No. 3191 of 2026. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
30.01.2026.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of any assault or overt act against the petitioner and
F.I.R. was instituted after delay of two days, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.34839 of 2026(2) dt.15-05-2026
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each to the satisfaction of the learned C.J.M., Gaya Ji in
connection with Muffasil P.S. Case No. 685/2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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