Patna High Court
Kundan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Kundan Manjhi, was arrested in connection with a FIR alleging assault on the informant's wife and family members, and theft of a gold locket. He claimed a clean antecedent and argued that the case was a retaliatory counter‑case to a separate complaint he had filed. The prosecution opposed bail, citing the seriousness of the offences listed under the Bhartiya Nyay Sanhita. The court noted the petitioner’s clean record, the existence of a counter‑case, and that the injury to the victim was simple in nature. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita considering the nature of the alleged offences and the petitioner’s antecedents.
- Whether the existence of a counter‑case and the simple nature of the alleged injury justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(4), 3(5), 351(3), 352, 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- assault
- counter‑case
- criminal antecedent
- Bhartiya Nyay Sanhita
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86831 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- Hathiyav District- Sheikhpura
======================================================
Kundan Manjhi Son of Dudal Manjhi Resident of Village - Sharma, P.S. -
Teterhat, District – Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Puja Kumari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Ms. Puja Kumari, learned counsel for the
petitioner and Mr. Sanjay Kumar Tiwary, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Hathiyawan P.S. Case No. 40 of 2025, F.I.R.
dated 17.07.2025 for the offences punishable under Sections
126(2), 115(2), 109, 76, 303(2), 329(4), 352, 351(3), 3(5) of the
Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant
alleged that , the petitioner along with other co-accused persons
came to his house and assaulted his wife by means of iron rod
and when his brother-in-law and niece came to rescue her, the
accused persons assaulted them also. It is further alleged that
one of the accused person snatched gold locket from informant’s
wife.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86831 of 2025(2) dt.08-01-2026
2/3
petitioner has clean antecedent and he has falsely been
implicated in the present case. The present case is counter blast
of Hathiyawan P.S. Case No. 39 of 2025 which was filed by the
side of the petitioner against the informant and his family
members. He further submits that from bare perusal of the FIR it
appears that there is specific allegation in the FIR that he
assaulted to the wife of the informant, namely, Suman Devi.
Although wife of the informant received injury but her injury
report suggest that injury inflicted upon her is simple in nature
caused by hard and blunt substance.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
the petitioner has clean antecedent and there is case and counter
case between the parties and injury inflicted upon the injured
person is simple in nature, let the petitioner, above named, in the
event of arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M, Sheikhpura in connection with
Hathiyawan P.S. Case No. 40 of 2025, subject to the conditions
Patna High Court CR. MISC. No.86831 of 2025(2) dt.08-01-2026
3/3
as laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…