Patna High Court
Karu ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail may be conditionally granted if the injury report shows simple injuries and the petitioner has no other pending criminal cases.
Summary
The petitioner, Karu Manjhi, was implicated in a FIR alleging that he participated in a mob assault with axes and lathis that resulted in serious injuries and the death of the informant's father. He sought pre‑arrest bail for offences under Sections 191(2), 191(3), 190, 329(4), 352, 351(3) and 103(1) of the Bihar Penal Code, claiming innocence and a clean antecedent. The State opposed the bail. The High Court directed the District Court to obtain the treating doctor's opinion on the injury report; if the injuries are found to be simple, the petitioner may be released on bail with a bond of Rs.10,000 and two sureties, subject to verification of any other criminal cases against him. The order is conditional on the medical report and antecedent check, and the bail application is disposed of accordingly.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving serious offences including homicide and assault.
- Whether the petitioner’s alleged participation in the mob justifies denial of bail.
- Whether a medical opinion on the nature of injuries and verification of criminal antecedents are requisite conditions for granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- pre‑arrest bail
- mob assault
- homicide
- Section 482
- bail conditions
- medical report
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
Karu Manjhi S/O Rameshwar Manjhi R/O Vill - Bhawanpur, P.O - Kariyadi,
P.S - Mohanpur,Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Advocate
Ms.Drishti Mohan, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 19-03-2026 Heard Mr. Praveen Kumar, along with Ms. Drishti
Mohan, learned counsels appearing on behalf of the petitioner
and Mr. Satyendra Prasad, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mohanpur P.S. Case No. 94/2025 registered for the
offence(s) punishable under Sections 191(2), 191(3), 190,
329(4), 352, 351(3), 103(1) of the BNS.
3. As per the allegation made in the FIR, a group of
fifteen persons, including the petitioner, armed with axes, lathis,
and dandas, came to the informant’s house, assaulted him and
his family members inflicted serious injuries and caused the
death of his father.
Patna High Court CR. MISC. No.61 of 2026(3) dt.19-03-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. The direct allegations are
against Ajay Manjhi and Pawan Manjhi, and, at best, the
petitioner may be considered a member of the mob. The
petitioner has clean antecedent. On these grounds, the petitioner
seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, the learned District Court is directed to call
for the final opinion of the doctor in respect of the injury
report of the injured persons and if it is found that the same
is simple in nature, then in that case the petitioner, above
named, is directed to be released on pre-arrest bail, in the event
of his arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned District
Court where the case is pending / Concerned Court in
connection with Mohanpur P.S. Case No. 94/2025, subject to the
Patna High Court CR. MISC. No.61 of 2026(3) dt.19-03-2026
3/3
conditions as laid down under Section 482(2) of the BNSS.
7. The learned District Court is also directed to
verify the criminal antecedent of the petitioner and if it is
found that the petitioner is involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
8. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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