Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to petitioners 1‑3, subject to conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, four members of the Manjhi family, applied for anticipatory bail after being named in an FIR alleging the murder of an informant’s husband, who died following an assault by a mob. The FIR listed 24 named and 10‑12 unknown assailants, and the petitioners argued they were implicated merely due to family ties with the deceased and faced no specific allegations. The petitioners sought to withdraw the application for petitioner No. 4, which the court permitted, dismissing that part as withdrawn. The court examined whether anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the accusations and lack of specific overt acts against petitioners 1‑3. Finding the allegations vague and noting the petitioners’ clean antecedents, the court allowed anticipatory bail to petitioners 1‑3, imposing a bail bond of Rs 10,000 with two sureties each and subject to the conditions of Section 482(2). The application was thereafter disposed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging murder and assault.
- Whether the allegations against petitioners 1‑3 are sufficiently specific to deny anticipatory bail.
- Whether the petition for withdrawal of anticipatory bail by petitioner 4 can be permitted.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 127(2), 190, 191(1), 191(3), 352, 61(2), 74
Subjects
- anticipatory bail
- criminal procedure
- murder
- assault
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- withdrawal of application
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.546 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- ATRI District- Gaya
======================================================
1. Karan Kumar S/o Jogendra Manjhi R/o village- Azad Nagar, P.S- Atri,
District- Gaya
2. Rinku Devi W/o Jogendra Manjhi R/o village- Azad Nagar, P.S- Atri,
District- Gaya
3. Jogendra Manjhi S/o Naujadi Manjhi R/o village- Azad Nagar, P.S- Atri,
District- Gaya
4. Pravesh Manjhi @ Paresh Manjhi @ Prawesh Manjhi S/o Ram Balak
Manjhi R/o village- Azad Nagar, P.S- Atri, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 At the outset, learned counsel for the petitioners seeks
permission to withdraw this anticipatory bail application with
regard to petitioner no. 4.
2. Permission is granted.
3. This anticipatory bail application with regard to
petitioner no. 4 is, accordingly, dismissed as withdrawn.
4. Heard learned counsel for the petitioners and the
State.
5. Petitioner nos. 1 to 3 apprehend arrest in a case
registered for the offences punishable under 191(1), 191(3), 190,
Patna High Court CR. MISC. No.546 of 2026(2) dt.10-02-2026
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126(2), 115(2), 74, 127(2), 109, 103(1), 61(2), 352 of the
Bharatiya Nyaya Sanhita.
6. As per F.I.R., 24 named and 10-12 unknown
persons tied the hands of the husband of informant and assaulted
him with lathi, danda and stones etc. due to which he died.
7. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioners have been made accused in this case merely because
they are family members of Bijuli Manjhi who, allegedly, died
due to black magic of the deceased. Allegation of assault is
general and omnibus and there is no allegation of any specific
overt act against these petitioners. Petitioners claim clean
antecedent.
8. Learned A.P.P. for the State vehemently opposed
the bail application.
9. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioner nos. 1 to 3
in the event of their arrest/surrender before the court below
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.546 of 2026(2) dt.10-02-2026
3/3
Additional Chief Judicial Magistrate-IV, Gaya in connection
with Atri P. S. Case No. 332 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
10. This application is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
Navya/-
U T
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