Patna High Court
Krishna ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted despite the pending charges, provided the petitioners furnish the required bail bond and sureties and comply with the conditions of Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.
Summary
The petitioners, a group of ten individuals from Rampur village, were accused of assaulting an informant and his family over a land dispute, with allegations of using rods, lathis, swords and snatching jewellery. They sought anticipatory bail fearing arrest in a case registered under Sections 191(1), 126(2), 115(2), 109(1) and 303(2) of the Bihar Negotiable (B.N.S.). The petitioners argued they have clean antecedents, the injuries were minor, and the allegations were vague, especially noting that the only grievous injury was to a non‑vital part of the body. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences.
- Whether the nature and seriousness of the alleged offences under Sections 191, 126, 115, 109 and 303 of the B.N.S. preclude the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.
- assault
- land dispute
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4768 of 2026
Arising Out of PS. Case No.-250 Year-2025 Thana- SURYAGARHA District- Lakhisarai
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1. Krishna Manjhi Son of Bhatu Manjhi @ Machu Manjhi R/V - Rampur, P.S -
Surajgarha, District - Lakhisarai
2. Basanti Devi wife of Munna Manjhi R/V - Rampur, P.S - Surajgarha,
District - Lakhisarai
3. Munna Manjhi son of Prasadi Manjhi R/V - Rampur, P.S - Surajgarha,
District - Lakhisarai
4. Sanjay Manjhi son of Prasadi Manjhi R/V - Rampur, P.S - Surajgarha,
District - Lakhisarai
5. Dukhan Manjhi Son of Bauku Manjhi R/V - Rampur, P.S - Surajgarha,
District - Lakhisarai
6. Sakindra Manjhi @ Satendra Kumar son of Bauku Manjhi R/V - Rampur,
P.S - Surajgarha, District - Lakhisarai
7. Vimla Devi wife of Bauku Manjhi R/V - Rampur, P.S - Surajgarha, District -
Lakhisarai
8. Bauku Manjhi son of Videshi Manjhi R/V - Rampur, P.S - Surajgarha,
District - Lakhisarai
9. Brihspati Manjhi son of Rameshwar Manjhi R/V - Rampur, P.S - Surajgarha,
District - Lakhisarai
10. Pankaj Kumar Son of Brihspati Manjhi R/V - Rampur, P.S - Surajgarha,
District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(1),
126(2), 115(2), 109(1) and 303(2) of the BNS.
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3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioners no.
3 and 7 are women and the informant alleges that on
27.08.2025, at 01:00 p.m., 16 named accused persons including
the petitioners along with 8-9 unknown accused came and
started abusing. On objection, Krishna with rod and Brihspati
with lathi assaulted the informant causing injury on head,
thereafter, accused assaulted Bechan and informant’s mother by
sword causing injury on leg and also assaulted his father,
namely, Chamaru, thereafter, assaulted Adhin, Rambilash and
Bipin. It is next alleged that Basanti snatched chain of the
mother and daughter-in-law of the informant.
4. Learned counsel for the petitioners submits that
petitioners and the informant are related and are having dispute
relating to land. It is further submitted that at para 12 of the
anticipatory bail application, it has been specifically pleaded
that the injuries are simple except one injury of Adhin but then
allegation of assault is not specific. It is next submitted that even
the injury of Adhin, which has been opined to be grievous, is on
non-vital part of the body, i.e., finger. It is also submitted that
petitioners are not criminals.
5. Learned A.P.P. for the State opposes the prayer for
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anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released 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
Trial Court where the case is pending/Successor Court in
connection with Surajgarha P.S. Case No. 250 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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