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Patna High Court

Chhathu Manjhi @ Chhatthu Manjhi @ Jitendra ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the stipulated conditions.

Summary

The petitioners, four residents of Batani village, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 121(1), 121(2), 132, 324(4) and 3(5) of the BNS, alleging false implication by an informant after a stone‑pelting incident. The petitioners' counsel withdrew the anticipatory bail application for petitioner No.2, who had already been arrested, and requested bail for the remaining three. The State opposed the bail. The Court granted provisional anticipatory bail to the petitioners, subject to a bail bond of Rs.20,000 with two sureties each, and directed the trial court to verify their criminal antecedents within six weeks. It stipulated that if petitioner No.1 is found to have any prior case, or petitioners No.3 and 4 have more than one prior case, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The petitioners' counsel agreed to deposit Rs.2,500 with the Advocates’ Association.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the pending criminal case
  • Whether the anticipatory bail should be granted conditionally pending verification of criminal antecedents
  • Whether the withdrawal of the anticipatory bail application for petitioner No.2 is permissible

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • criminal antecedent verification
  • false implication
  • stone pelting
  • section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87971 of 2025
                  Arising Out of PS. Case No.-320 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
           1.     Chhathu Manjhi @ Chhatthu Manjhi @ Jitendra Manjhi S/o Late Dhanraj
                  Manjhi R/o Village- Batani, PS- Chapra Muffasil, District- saran
           2.    Triloki Manjhi S/o Late Jainarayan Manjhi R/o Village- Batani, PS- Chapra
                 Muffasil, District- saran
           3.    Shrawani Manjhi @ Shrawan Manjhi S/o Late Jainarayan Manjhi R/o
                 Village- Batani, PS- Chapra Muffasil, District- saran
           4.     Bhola Shahi @ Bhola Sahi @ Jan Mohammad S/o Late Khurmal Sahi @
                  Furman Sai R/o Village- Batani, PS- Chapra Muffasil, District- saran
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioners, at the

                   outset, seeks permission to withdraw the anticipatory bail

                   application with respect to petitioner no. 2 who was arrested

                   during pendency of the same.

                                3. Permission is accorded.

                                4. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 121(1), 121(2), 132, 324(4) and 3(5) of the BNS.

                                5. Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner
Patna High Court CR. MISC. No.87971 of 2025(2) dt.28-01-2026
                                            2/3




          nos. 3 and 4 have antecedent of one case and the informant

          alleges that a woman was apprehended with liquor when

          villagers gathered and pelted stone damaging the police vehicle

          and Chowkidar identified the petitioners

                       6. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant, it is next submitted that petitioners are resident of

          a nearby place where the occurrence is alleged to have taken

          place. It is next submitted that since a ruckus was created, as

          such, petitioners out of inquisitiveness came to the place of

          occurrence and they came to be implicated. It is also submitted

          that as far as allegation of pelting stone is alleged, the same is

          general and omnibus in nature.

                       7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       8. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          20,000/- (Rupees Twenty Thousand) each with two sureties of

          the like amount each to the satisfaction of the learned trial court
            Patna High Court CR. MISC. No.87971 of 2025(2) dt.28-01-2026
                                                        3/3




                      where the case is pending/successor court in connection with

                      Chapra Muffasil P.S. Case No. 320 of 2025 subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                                   9. It is made clear that thereafter the learned Trial

                      Court shall verify the criminal antecedent of the petitioners and

                      in the event if it is found that petitioner no. 1 has antecedent of

                      even one case and petitioner nos. 3 and 4 have antecedent of

                      more than one case then it would be presumed that petitioners,

                      for the purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner no. 1 is a person with

                      clean antecedent and petitioner nos. 3 and 4 have antecedent of

                      one case only, in that event the provisional anticipatory bail

                      order shall be confirmed forthwith.

                                10. At this stage, the learned counsel for the petitioners,

                      based on instruction, undertakes to deposit an amount of Rs.

                      2500/- with Advocates’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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