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Patna High Court

Krishna Kumar @ Gaya Manjhi @ Krishna ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioner, Krishna Kumar, was accused of multiple offences under the Indian Penal Code, including assault and grievous hurt, following an alleged attack on a youth named Ajay. The petitioner claimed he was falsely implicated, asserting that Ajay had harassed his daughter and that the informant was not an eyewitness. He also highlighted a separate complaint filed by his wife against Ajay. The State opposed the petition for anticipatory bail. After considering the arguments, the court granted anticipatory bail to the petitioner, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences
  • Whether the informant’s testimony and the FIR constitute sufficient ground to deny bail
  • Whether the petitioner’s claim of false implication and the existence of a counter‑complaint affect the bail decision

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous hurt
  • IPC
  • CrPC
  • Section 438
  • Section 482
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73990 of 2024
                       Arising Out of PS. Case No.-155 Year-2024 Thana- CHAKAND District- Gaya
                 ======================================================
                 Krishna Kumar @ Gaya Manjhi @ Krishna Manjhi Son of Gariban Manjhi
                 R/o Village - Hasanpur Bhuitoli, P.S.- Chakand, District - Gaya.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :      Mr. Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   19-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 341, 323,

                   325, 324, 307, 504 and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases and the informant

                   alleges that her son Ajay on 04.06.2024 had gone for morning

                   walk when he was assaulted by the petitioner by a rod causing

                   injury on head. Thereafter, her son fell and petitioner dragged

                   him inside his house where his family members including the

                   other accused persons assaulted by rod causing injury on mouth,

                   hand and nose. It is further alleged that on account of the

                   injuries suffered, her son got forty stitches and his liver and

                   intestine also got damaged.
Patna High Court CR. MISC. No.73990 of 2024(4) dt.19-03-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that Arti Kumari, daughter of

          the petitioner, used to go to Study Centre at Gaya where the

          victim (Ajay) also used to come and tease her and on the day of

          occurrence while she was returning, Ajay intercepted her and

          started harassing her and when the local people noticed, he was

          thrashed and assaulted. It is next submitted that a complaint case

          has also been instituted by the wife of the petitioner against

          Ajay and others being Complaint Case No. 73 of 2024. It is also

          submitted that even presuming what has been alleged is true

          without admitting then the informant is not an eyewitness to the

          occurence nor the FIR discloses that the same has been

          instituted based on the information provided by Ajay.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned Trial
           Patna High Court CR. MISC. No.73990 of 2024(4) dt.19-03-2026
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                     Court where the case is pending/Successor Court in connection

                     with Chakand P.S. Case No. 155 of 2024, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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