Patna High Court

Afsar ManjhiversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL REJECTED
Bench: PARTHA SARTHY

Holding

The court refused to grant bail to the petitioner.

Summary

The petitioner, Afsar Manjhi, applied for regular bail in a case registered under sections 126(2), 174, 75 and 76 of the Bharatiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act. The prosecution alleged that the petitioner, while intoxicated, assaulted a 12‑year‑old informant and her 10‑year‑old sister, tearing their clothes, after which he fled when villagers intervened. The petitioner contended that he was falsely implicated because the informant’s father, a liquor seller, had a motive to frame him. The State and the informant opposed bail, emphasizing the seriousness of the alleged offences against minors and the risk of tampering with evidence. After hearing both sides and considering the FIR allegations and investigation material, the court declined to grant bail. The petitioner was permitted to renew the bail prayer after six months or upon framing of charge, whichever is later.

Issues considered

Whether bail should be granted to the accused in a case involving alleged sexual offences against minors under the POCSO Act and other provisions of the Bharatiya Nyaya Sanhita.
Whether the petitioner’s claim of false implication is sufficient to outweigh the seriousness of the allegations.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 174, 75, 76
Protection of Children from Sexual Offences Act — s. 12, 8

Subjects

bail
POCSO
sexual assault
minors
false implication
intoxication
high court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.77 of 2026
                           Arising Out of PS. Case No.-350 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Afsar Manjhi S/O Karma Manjhi R/O Vill.- Narawat, P.S.- Atri, Dist.- Gaya


                                                                                     ... ... Petitioner/s
                                                         Versus


           1.    The State of Bihar
           2.    X D/O Y R/O Vill.- Narawavat, P.S.- Atri, Dist.- Gaya


                                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Sinha, Advocate
                 For the State            :        Dr. Mrityunjaya Kr.Gautam, APP
                 For the Informant        :        Mr. Arvind Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                                    ORAL ORDER

3   01-04-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Atri P.S. Case no. 350 of

                   2025 registered under sections 126(2), 174, 75 and 76 of the

                   Bharatiya Nyaya Sanhita, 2023 and sections 8 and 12 of the

                   POCSO Act.

                                 3. As per the prosecution case, the 12 year old

                   informant states that when she along with her 10 year old sister

                   had gone to collect firewood for making meal, it is stated that
Patna High Court CR. MISC. No.77 of 2026(3) dt.01-04-2026
                                            2/3




          the petitioner who was in an intoxicated state caught hold of the

          informant and his sister and tore their clothes. On hulla being

          raised and the co-villagers running to their rescue, the accused

          escaped.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case. No such occurrence

          has taken place. The cause of false implication is that the father of the

          informant was involved in sale of country liquor and on the petitioner

          threatening to report the matter to the police, he has been falsely

          implicated in the case. The petitioner is in custody since 29.8.2025

          and has no criminal antecedent. He undertakes to cooperate in the

          investigation/trial.

                       5. The application for bail is opposed by learned APP

          for the State and learned counsel for the informant. Learned

          counsel for the informant submits that there is direct allegation

          against the petitioner of having misbehaved with the minor

          informant and her minor sister in an intoxicated state.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioner in

          the FIR together with the material that has transpired in course

          of investigation, the Court is not inclined to enlarge the petitioner

          on bail and the application is rejected.
           Patna High Court CR. MISC. No.77 of 2026(3) dt.01-04-2026
                                                       3/3




                                  7. Liberty is granted to the petitioner to renew his

                     prayer for bail after six months or on framing of charge,

                     whichever is later.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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