Created by Fuzzy Cloud

Patna High Court

Nanka Manjhi @ Nanhak Manjhi @ Nanhaka ManjhiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Nanka Manjhi, applied for bail fearing arrest in connection with Bodhgaya police case No.857 of 2025, which alleges participation in an unlawful assembly that assaulted police and rescued a co-accused. The prosecution alleged that the petitioner was part of the mob that used lathis, danda and bricks against police officers. The petitioner contended that he was merely a local resident with no specific allegation of an overt act, and that the charge against him was omnibus and unsupported by concrete evidence. The State argued that the petitioner actively participated in obstructing police duties and aiding the escape of the accused. The Court, noting the lack of specific allegations against the petitioner and his clean antecedent, granted bail subject to a bond of Rs.10,000 with two sureties and a family member as one bailor, invoking Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations of participation in an unlawful assembly and assault on police officers.

Legislation cited

Subjects

  • bail
  • unlawful assembly
  • assault on police
  • criminal procedure
  • Section 482
  • fair antecedent
  • mob participation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35382 of 2026
                       Arising Out of PS. Case No.-857 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Nanka Manjhi @ Nanhak Manjhi @ Nanhaka Manjhi S/o Ramdahin Manjhi
                 R/o village- Tekuna, P.S- Bodhgaya, District- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinod Kumar, Adv.
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                  Heard learned Advocate for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Bodhgaya P.S. Case No.857 of 2025 registered for the

                   offences punishable under Sections 190, 191(3), 115(2), 126(2),

                   121(1), 121(2) 132, 109 and 352 of the BNS.

                                3. The prosecution case, in brief, is that on the alleged

                   date and time of occurrence, while the informant along with

                   other police personnel went to conduct a raid and apprehended

                   co-accused Lalu Manjhi, in the meanwhile, the villagers, by

                   making an unlawful assembly including this petitioner, created a

                   ruckus and started assaulting the police personnel by means of

                   lathi, danda, and bricks, and succeeded in fleeing away with the

                   apprehended accused person.
Patna High Court CR. MISC. No.35382 of 2026(2) dt.01-06-2026
                                            2/3




                       4. The learned Advocate for the petitioner submitted

          that, save and except the petitioner is said to be a member of the

          mob, there is no specific allegation of any overt act. It is co-

          accused Jitendra Manjhi and Bhutiya Manjhi against whom

          there is a specific allegation of causing assault over the police

          personnel. The petitioner has no concern with the alleged

          occurrence; only on account of he being the local resident, his

          name has been implicated in this case. The petitioner bears fair

          antecedent and he undertakes that he will fully cooperate in the

          investigation and the proceedings of the Court.

                       5. On the other hand, the learned Advocate for the

          State vehemently opposed the bail application and submitted

          that the petitioners have deterred the police officials from

          discharging their official duty and actively participated in

          rescuing the apprehended co-accused from police custody.

                       6. Having considered the submissions advanced by

          the learned Advocate for the respective parties and taking note

          of the omnibus nature of allegation against the petitioner,

          coupled with his fair antecedent, let the above named petitioner,

          be released on bail, in the event of his arrest or surrender before

          the learned Court below within a period of four weeks from

          today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
              Patna High Court CR. MISC. No.35382 of 2026(2) dt.01-06-2026
                                                          3/3




                        with two sureties of the like amount each to the satisfaction of

                        learned Chief Judicial Magistrate, Gaya in connection with

                        Bodhgaya P.S. Case No.857 of 2025, subject to the condition as

                        laid down under Section 482(2) of the BNSS, with further

                        condition that one of the bailors shall be the own/close family

                        members of the petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.