Patna High Court
Nanka Manjhi @ Nanhak Manjhi @ Nanhaka ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bihar Negotiable Sale and Service (BNSS) — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 121(1), 121(2), 126(2), 132, 190, 191(3), 352
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
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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
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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
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