Patna High Court
Gogan ManhjiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Gogan Manhji was arrested on 30 September 2025 in connection with an alleged axe assault on the informant and another person, as alleged in FIR dated 24 May 2025 under Sections 126(2), 115(2), 329(4) and 109 of the Bharatiya Nyay Sanhita, 2023. The petitioner pleaded that he has a clean antecedent and that the FIR contains only a generic allegation without any specific charge of assault against him. The prosecution argued that a specific allegation of assault and grievous injury was made against the petitioner. The Court examined the nature of the allegations, the petitioner’s clean record, and the lack of a specific overt act charge, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order was directed to be implemented by the lower court without delay for verification.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 126(2), 115(2), 329(4) and 109 of the Bharatiya Nyay Sanhita, 2023 despite the alleged assault with an axe.
- Whether the FIR contains a specific allegation of assault sufficient to deny bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 329(4)
Subjects
- bail
- assault
- clean antecedent
- Bharatiya Nyay Sanhita
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87731 of 2025
Arising Out of PS. Case No.-269 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Gogan Manhji S/o Karu Manjhi R/o Village- Pathra English Orhanpur, P.S-
Muffasil, Dist- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the State : Mr. Anil Kumar, APP
For the Informant : Mr. Birendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for
the petitioner, Mr. Anil Kumar, learned Additional Public
Prosecutor for the State as well as Mr. Birendra Kumar, learned
counsel for the Informant.
2. Petitioner seeks bail who is in custody since
30.09.2025 in connection with Muffasil P.S. Case No. 269 of
2025, F.I.R. dated 24.05.2025 for the offences punishable under
Sections 126(2), 115(2), 329(4), 109 of the Bharatiya Nyay
Sanhita, 2023.
3. According to prosecution case, the informant
alleged that when he along with one Binod Manjhi was sitting at
the doorstep, the petitioner, owning to previous enmity, arrived
there and assaulted them by means of axe.
Patna High Court CR. MISC. No.87731 of 2025(2) dt.15-01-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated and due to some petty
dispute the present occurrence has taken place. Although the
petitioner is named in the FIR but from bare perusal of the FIR
it appears that there is no specific allegation of assault or overt
act against him rather there is general and omnibus allegation
against all the accused persons including the petitioner. He
further submits that the police after investigation submitted the
charge sheet and the petitioner is in custody since 30.09.2025.
5. The learned Additional Public Prosecutor and
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that specific
allegation of assault is attributed against the petitioner and
injury inflicted upon the injured person is grievous in nature.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault or overt act against him, let the petitioner,
above named, 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 Additional Chief Judicial
Patna High Court CR. MISC. No.87731 of 2025(2) dt.15-01-2026
3/3
Magistrate, 1st Class, Nawada in connection with Muffasil P.S.
Case No. 269 of 2025, subject to the 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 bonds 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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