Patna High Court
Suresh Manjhi @ Bocha ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the minor injury and the petitioner's clean antecedent, anticipatory bail should be granted subject to a bail bond and sureties under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Suresh Manjhi, sought anticipatory bail fearing arrest in a case registered under several offences of the Bhartiya Nyaya Sanhita, including assault and attempt to murder. The FIR alleged that he and a co‑accused assaulted an informant with an iron rod, causing only simple injuries. The State opposed the bail, but the petitioner highlighted his clean antecedent and the minor nature of the injury. The court examined whether the seriousness of the alleged offences warranted denial of bail versus the petitioner's personal circumstances. Considering the minor injury, the petitioner’s clean record, and the provisions of Section 482 of the B.N.S.S., the court ordered that anticipatory bail be granted on condition of a bail bond of Rs.10,000 with two sureties. The order also directed compliance with the conditions laid down by the Chief Judicial Magistrate, Saran.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 109, 303(2), 352 and 351(2)(3)(5) of the Bhartiya Nyaya Sanhita.
- Whether the nature of injury and the petitioner's clean antecedent justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 482 of the B.N.S.S. are appropriate for the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 351(2), 351(3), 351(5), 352, 482
Subjects
- anticipatory bail
- criminal procedure
- assault
- clean antecedent
- bail bond
- Section 482
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79561 of 2025
Arising Out of PS. Case No.-325 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Suresh Manjhi @ Bocha Manjhi Son of Late Jatal Manjhi @ Ram Narayan
Manjhi Resident of Village- Mirjapur, P.S.- Marhowrah, District- Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Narendra Kumar, Mr. Brajesh Sahay, Mr.
Akash Ambuj & Ms. Anushka Kumari, Advocates
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-02-2026 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 offence under Sections 126(2), 115(2), 109,
303(2), 352, 351(2)(3)(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner along with co-accused
Upendra Manjhi assaulted on the head of informant with iron
rod. Doctor has found the injury simple in nature. Case and
counter case. Petitioner claims clean antecedent.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
Patna High Court CR. MISC. No.79561 of 2025(2) dt.27-02-2026
2/2
eight weeks from today, let the above named petitioner be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saran at
Chapra in connection with Marhowrah P.S. Case No. 325 of
2025, subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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