Patna High Court
Chhathu Manjhi @ Chhatthu Manjhi @ Jitendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Statutes (BNS) — s. 115(2), 121(1), 121(2), 126(2), 132, 324(4), 3(5)
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
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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
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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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