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Patna High Court

Kundan ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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