Patna High Court
Vikash ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to all petitioners subject to prescribed conditions.
Summary
The petitioners, eleven villagers, sought pre‑arrest bail in connection with Gehlaur Police Station Case No. 60 of 2025, which alleged offences under Sections 126(2), 115(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They were accused of assaulting the husband and children of an informant with lathi and danda, causing injuries that the petitioners argued were either simple or caused by a sharp weapon not attributable to them. The petitioners contended that the FIR contained a general, omnibus allegation with no specific attribution of injuries to any individual accused, and that the incident was a "free fight" arising from prior enmity. The State opposed bail, asserting active participation by the petitioners and serious injuries to four persons. The Court, noting the omnibus nature of the charge, the lack of specific evidence against each petitioner, and the generally fair antecedents (except one petitioner who is already on bail), granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and the condition that one bailor be a close family member, in accordance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the omnibus nature of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the lack of specific attribution of injuries to individual accused warrants bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 352
Subjects
- pre‑arrest bail
- omnibus allegation
- assault
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73540 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- Gehlaur District- Gaya
======================================================
1. Vikash Manjhi S/O Kuldeep Manjhi R/O Village- Banshi Bigha, P.S-
Gehlaur , Distinct - Gaya.
2. Kailu Manjhi @ Ramjeet Manjhi S/O Bulak Manjhi R/O Village- Banshi
Bigha, P.S- Gehlaur , Distinct - Gaya.
3. Ranjeet Manjhi @ Ranjeet Kumar S/O Kailu Manjhi R/O Village- Banshi
Bigha, P.S- Gehlaur , Distinct - Gaya.
4. Ramdev Manjhi S/O Dahu Manjhi R/O Village- Banshi Bigha, P.S-
Gehlaur , Distinct - Gaya.
5. Nand Manjhi @ Nandlal Manjhi S/O Chansur Manjhi R/O Village- Banshi
Bigha, P.S- Gehlaur , Distinct - Gaya.
6. Ajay Manjhi S/O Chansur Manjhi R/O Village- Banshi Bigha, P.S- Gehlaur ,
Distinct - Gaya.
7. Mithun Manjhi @ Tiger Manjhi S/O Karm Manjhi R/O Village- Banshi
Bigha, P.S- Gehlaur , Distinct - Gaya.
8. Basudeo Manjhi S/O Bulak Manjhi @ Bulka Manjhi R/O Village- Banshi
Bigha, P.S- Gehlaur , Distinct - Gaya.
9. Kishan Manjhi @ Kiran Manjhi S/O Kram Manjhi R/O Village- Banshi
Bigha, P.S- Gehlaur , Distinct - Gaya.
10. Guddu Manjhi @ Guddu Kumar S/O Nand Lal Manjhi R/O Village- Banshi
Bigha, P.S- Gehlaur , Distinct - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brijmohan Das, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Gehlaur P.S. Case No. 60 of 2025, registered
for the offences punishable under Sections 126(2), 115(2), 109,
Patna High Court CR. MISC. No.73540 of 2025(3) dt.11-02-2026
2/3
352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The accusation against the petitioners is of causing
assault by means of lathi and danda to the husband and children
of the informant, as a result of which all of them have sustained
serious injuries.
4. Learned Advocate appearing on behalf of the
petitioners taking this Court through the FIR contended that a
general and omnibus nature of allegation has been levelled
against eleven named accused persons including the petitioners,
ten in numbers, however, none of the injuries have been
specifically attributed against any of the petitioners. The injuries
which are allegedly sustained to the informant’s husband and
her children are concerned, all of them have been found to be
simple in nature, except one sustained upon Sanjay Manjhi.
Though the said injury is said to be grievous in nature, but the
same is caused by sharp cutting weapon which is not the case of
the prosecution, is the contention of the learned Advocate for
the petitioners. The petitioners are co-villagers and on account
of previous enmity, entered into a free fight, resulting into some
unfortunate injuries. The petitioner no. 2 bears one criminal
antecedent, however he is on bail in the said case. Rest of the
petitioners have fair antecedent.
5. On the other hand, learned Advocate for the State
Patna High Court CR. MISC. No.73540 of 2025(3) dt.11-02-2026
3/3
vehemently opposed the pre-arrest bail application and submits
that the petitioners have actively participated in the crime, due
to which four persons have sustained serious injuries.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the omnibus nature of allegation, coupled with the factum of
case and counter case as well as the fair antecedent of the
petitioners, except petitioner no. 2, who bears one criminal
antecedent, however he is on bail, let the petitioners above
named be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, First Class, Gaya in connection with
Gehlaur P.S. Case No. 60 of 2025, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close family members of the petitioners.
(Harish Kumar, J)
supratim/-
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