Patna High Court
Pawan Kumar Manjhi @ Pawan Manjhi @ Pavan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Indian Penal Code — s. 308, 323, 341, 504
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
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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/-
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