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Patna High Court

Nanhu Manjhi @ Raj Kumar ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to conditions, as the FIR does not specifically allege any overt act by him and he has a clean antecedent.

Summary

Nanhu Manjhi (also known as Raj Kumar Manjhi) was arrested on 22 November 2025 in connection with FIR No. 161 of 2025 alleging assault on the informant’s family that led to the death of her father‑in‑law. The petitioner sought bail, claiming a clean antecedent and arguing that the FIR contains only a generic allegation against all accused without specific reference to any overt act by him. The State and the informant opposed bail, contending that the petitioner participated in the crime and is named in the FIR. The court noted the absence of a specific charge against the petitioner, the clean record, and the fact that co‑accused had already been granted bail. Consequently, the court ordered the petitioner’s release on bail of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR.
  • Whether the lack of a specific allegation against the petitioner warrants bail.
  • Whether the clean antecedent and bail granted to co‑accused influence the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • clean antecedent
  • FIR
  • co‑accused
  • Indian Penal Code
  • assault
  • death of family member

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7069 of 2026
                       Arising Out of PS. Case No.-161 Year-2025 Thana- TANKUPPA District- Gaya
                 ======================================================
                 Nanhu Manjhi @ Raj Kumar Manjhi S/o Mantu Manjhi @ Maul Manjhi @
                 Ram Bilash Manjhi @ Ram Vilash Manjhi Resident of Bardiha Tola Dukhi
                 Bigha, P.S.- Tankuppa, District- Gaya Jee, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumeet Kumar Singh, Advocate
                                          :       Ms. Deepali Singh, Advocate
                                          :       Mr.Anmol Kumar, Advocate
                 For the Informant        :       Mr. Ajay Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   18-03-2026                     Heard Mr. Sumeet Kumar Singh,learned counsel

                   for the petitioner, Mr. Ajay Kumar Sinha, learned counsel for

                   the informant and Mr.Bharat Lal, learned A.P.P. for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   22.11.2025 in connection with Tankuppa P.S. Case No. 161

                   of 2025, F.I.R. dated 19.07.2025 registered for the offence

                   punishable under Sections 191(2), 190,126(2),115(2), 109,

                   140(1),137(2),303(2),352,351(2) of BNS, 2023.

                                 3. As per FIR, allegation against the petitioner is

                   that he alongwith other co-accused persons assaulted the

                   family members of informant due to which her father-in-law

                   has died.
Patna High Court CR. MISC. No.7069 of 2026(3) dt.18-03-2026
                                            2/4




                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. The

          allegation as alleged in the FIR is false and fabricated and the

          petitioner has not committed any offence as alleged in the

          FIR. Although the petitioner is named in the FIR but from a

          bare perusal of the FIR it appears that there is no specific

          allegation of any assault or overt-act attributed against the

          petitioner rather there is general and omnibus allegation

          against all the accused persons including the petitioner and

          co-accused persons, namely, Sugiya Devi @ Sunaina Devi

          and Samdeo Manjhi @ Shyamdeo Manjhi, against whom the

          similar allegation, have been granted bail by this Court vide

          orders dated 15.01.2026 and 19.01.2026 passed in Cr. Misc.

          Nos.86948 of 2025 and 87400 of 2025 respectively and the

          police, after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 22.11.2025.

                       5. Learned counsel for the informant and learned

          APP for the State have vehemently opposed the prayer for bail

          of the petitioner and submits that the petitioner has

          participated in the present crime in question and petitioner is

          named in the FIR.

                       6. Considering the aforesaid fact,     petitioner has
Patna High Court CR. MISC. No.7069 of 2026(3) dt.18-03-2026
                                            3/4




          clean antecedent, there is no specific allegation of any assault

          or overt-act attributed against the petitioner in the FIR and co-

          accused persons, against whom the similar allegation, have

          been granted bail by this Court,                    let the petitioner, above

          named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional District

          and Sessions Judge-16, Gaya Jee in connection with

          Tankuppa P.S. Case No. 161 of 2025, with the following

          conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in

          case at any stage, it is found that the petitioner has concealed
           Patna High Court CR. MISC. No.7069 of 2026(3) dt.18-03-2026
                                                       4/4




                     his criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned

                     order shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Nitesh/-

U


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