Patna High Court
Krishna Kumar @ Gaya Manjhi @ Krishna ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 504
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/-
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