Patna High Court
Sunny Manjhi @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the seriousness of the alleged offences and the assault on police personnel preclude the grant of pre‑arrest bail.
Summary
The petitioner, Sunny Manjhi, sought pre‑arrest bail after the police alleged that he and co‑accused forcibly released a fellow accused from police custody and assaulted police officers, causing injuries. The prosecution charged him under sections 126(2), 115(2), 121(1), 132, 262 and 3(5) of the BNS. The court examined whether the seriousness of the alleged offences and the assault on police personnel justified denial of bail. It held that the nature of the offences, especially the assault on law‑enforcement officers and the successful escape of an accused, warranted the continuation of custody. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations of assaulting police officers and facilitating the escape of a co‑accused
- Whether the offences under sections 126(2), 115(2), 121(1), 132, 262 and 3(5) of the BNS justify denial of bail
Legislation cited
- BNS — s. 115(2), 121(1), 126(2), 132, 262, 3(5)
Subjects
- pre‑arrest bail
- assault on police
- escape from custody
- section 126
- section 115
- section 121
- section 132
- section 262
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5379 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- CHEWARA District- Sheikhpura
======================================================
Sunny Manjhi @ Sunny Kumar Son of Mithilesh Manhji R/o Barari Bigha,
P.O. - Chakandara, Sheikhpura, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya Kumari , Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 126 ( 2 ), 115 ( 2 ), 121 (1)
, 132, 262 and 3 (5) of BNS.
3 . As per the prosecution case , informant (S.I.
Sheikhpura Police Station) alleged that this petitioner along with
other co-accused persons forcibly got released one co-accused
persons from custody of police and while doing so they
assaulted the police party as a result of which some of the police
personnel sustained injuries.
4. Considering the fact that accused persons attacked
on police party due to which some police personnel sustained
injuries and they also became successful in releasing one
Patna High Court CR. MISC. No.5379 of 2026(2) dt.28-01-2026
2/2
accused persons from police custody and other circumstances
of the case , prayer for pre-arrest bail of the petitioner is
rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…