Patna High Court
Chhotan Manjhi @ Chhotan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
Chhotan Manjhi and Hariom Manjhi applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for alleged assault causing injuries. The prosecution alleged that the petitioners assaulted the victim, while the petitioners claimed innocence. The court examined the injury report, noting that the injuries were minor and simple. Considering the facts and the lack of seriousness, the court allowed the anticipatory bail application. The bail was conditioned on a bond of Rs.10,000 each with two sureties and subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the nature and extent of injuries justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(20), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- minor injuries
- Bharatiya Nyaya Sanhita
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72027 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- NAUTAN District- Siwan
======================================================
1. Chhotan Manjhi @ Chhotan Kumar S/O Ramjee Manjhi Resident of
Village- Baroha, P.O.- Hasua, P.S.- Nautan, District- Siwan, Bihar
2. Hariom Manjhi S/O Krishna Manjhi Resident of Village- Baroha, P.O.-
Hasua, P.S.- Nautan, District- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajni Kant, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Nautan P.S. Case No. 121 of 2025 registered for offences under
Sections 126(20, 115(2), 118(1), 109, 352, 351(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim causing injuries.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.72027 of 2025(3) dt.21-01-2026
2/2
the prayer for bail.
6. Considered the submission of the parties. From the
injury report produced by the learned counsel for the petitioners,
it appears that the injuries are minor in nature and appear to be
simple.
7. In view of the aforesaid, this application for
anticipatory bail is allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on 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 learned
Judicial Magistrate, 1st Class, Siwan/concerned court below in
connection with Nautan P.S. Case No. 121 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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