Created by Fuzzy Cloud

Patna High Court

Pawan Kumar Manjhi @ Pawan Manjhi @ Pavan ManjhiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court dismissed the anticipatory bail application, holding that the specific allegation of causing grievous injury precludes the grant of bail.

Summary

The petitioner, Pawan Kumar Manjhi, applied for anticipatory bail in a case arising from a police report alleging assault with an iron rod, causing grievous injury. The FIR charges him under Sections 341, 323, 308 and 504 of the Indian Penal Code. The petitioner claimed innocence and alleged that the charges were false and that Section 308 was not applicable. The prosecution opposed the bail, emphasizing the specific allegation of grievous injury and the petitioner’s identification in the FIR. The court, after considering the submissions, found the allegation of grievous injury sufficient to deny anticipatory bail and dismissed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the allegations under IPC Sections 341, 323, 308 and 504
  • Whether the facts alleged attract Section 308 IPC, i.e., causing grievous injury

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • IPC sections 341, 323, 308, 504
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.8810 of 2026
                            Arising Out of PS. Case No.-343 Year-2020 Thana- ATRI District- Gaya
                 ======================================================
                 Pawan Kumar Manjhi @ Pawan Manjhi @ Pavan Manjhi S/o Late Ram Jatan
                 Manjhi R/o Village - Pathari, P.S - Atri, District - Gaya

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Arvind Kumar Singh
                 For the Opposite Party/s :         Mr.Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   26-02-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Atri Police Station Case No. 343 of 2020, dated

                            19.09.2020,         disclosing       offences      punishable          under

                            Sections 341/323/308/504 of the Indian Penal Code.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 18.09.2020, while the informant was in the

                            cremation ghat, the petitioner came there on a motorcycle

                            and assaulted him by iron-rod on his head, due to which

                            he sustained injury on his head.

                       4.   Learned Counsel for the petitioner submits that the

                            petitioner is innocent and has falsely been implicated in

                            this case due to previous enmity. He further submits that
            Patna High Court CR. MISC. No.8810 of 2026(2) dt.26-02-2026
                                                        2/2




                               there is no allegation of repetative blows by the petitioner,

                               as such Section 308 of the Indian Penal Code is not

                               attracted against the petitioner.

                          5.   On the other hand, learned Additional Public Prosecutor

                               vehemently opposes the prayer for anticipatory bail and

                               submits that the petitioner is named in the First

                               Information Report and there is specific allegation against

                               the petitioner that due to the assault made by the him, the

                               informant has sustained grievous injury.

                          6.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the fact that

                               there is specific allegation against the petitioner of

                               causing grievous injury to the informant, I am not

                               inclined to grant the petitioner privilege of anticipatory

                               bail.

                          7.   This application is, accordingly, dismissed.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.