Patna High Court
Vikash Manjhi @ Bikash ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions laid down under Section 480(3) of the IPC.
Summary
The petitioner, Vikash Manjhi, was arrested in connection with a case alleging assault and theft under several sections of the Indian Penal Code. He claimed he was falsely implicated, asserting that the dispute arose from wage issues and that the employer fabricated the charges to compel work. The prosecution alleged that the petitioner, along with co‑accused, attacked guards with weapons after a theft attempt was foiled. The petitioner had no prior criminal record, had been in custody since 25‑08‑2025, and the charge sheet had been filed. Considering the clean antecedent, lack of independent witnesses, and the circumstances, the court ordered his release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the IPC.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the petitioner was falsely implicated and the prosecution evidence is insufficient.
- Whether the conditions prescribed under Section 480(3) of the IPC are satisfied for grant of bail.
Legislation cited
- Indian Penal Code — s. 109, 115, 126, 3, 303, 351, 352, 480
Subjects
- bail
- false implication
- assault
- theft
- Indian Penal Code
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3487 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- CHEWARA District- Sheikhpura
======================================================
Vikash Manjhi @ Bikash Manjhi S/o Sukhdev Manjhi R/o vill- Barari Bigha,
PS- Chewara, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Priya Kumari, Adv.
Mr. Devesh Kumar, Adv.
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Chewara P.S. Case No. 62 of 2025, registered
for the offences under Sections 126(2), 115(2), 303(2), 109(1),
351(2), 352, 3(5) of the BNS.
3. As per the prosecution case, when two co-accused
persons were stopped from committing theft in the institution of
the informant, on their call the petitioner and other co-accused
persons armed with lathi, danda and dangerous weapons came
to the spot and attacked the guards. The employees were
brutally assaulted.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.3487 of 2026(2) dt.28-01-2026
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petitioner submits that petitioner has been falsely implicated in
this case. Some dispute arose over payment of wages to daily
wage labourers and due to this dispute, differences arose and at
the instance of the petitioner and others, a strike was called for.
The employer in order to compel the petitioner and other
accused persons to work has lodged the false case. The injury
report of the injured show simple injuries. No stolen material
was seized from any of the petitioners. There is no independent
witness to support the prosecution case. The petitioner is in
custody since 25.08.2025 and charge sheet has been submitted.
Petitioner has no criminal antecedent.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
clean antecedent of the petitioner, his period of custody and
submission of charge sheet, the petitioner is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned ACJM-II,
Sheikhpura/concerned court, in connection with Chewara P.S.
Case No. 62 of 2025, subject to the condition laid down under
Patna High Court CR. MISC. No.3487 of 2026(2) dt.28-01-2026
3/3
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
anuradha/-
U T
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