Patna High Court
Gano ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Gano Manjhi applied for anticipatory bail in a case where he and others were alleged to have assaulted the son of an informant, who was said to be of unsound mind. The FIR listed multiple offences under the Bhartiya Nyaya Sanhita, 2023, but the petitioner argued that the allegations were vague, omnibus, and stemmed from a petty dispute with a prior case filed by him. The court noted the lack of any specific allegation or overt act against the petitioner and the general nature of the charge. Considering these factors, the court was inclined to grant anticipatory bail. The application was allowed, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the charge against the petitioner is general and omnibus with no specific allegation of overt act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 352
Subjects
- anticipatory bail
- general allegation
- omnibus charge
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- bail bond
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89111 of 2025
Arising Out of PS. Case No.-345 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Gano Manjhi son of Sukhdeo Manjhi Resident of Village- Stalin Nagar, P.S.-
Mufassil, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 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 Mufassil Police Station Case No. 345 of 2025, dated
07.08.2025, disclosing offences punishable under
Sections 191(3)/190/126(2)/115(2)/117(2)/109/352/191
(2) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that the son of the informant is of unsound mind. On
03.08.2025, at about 4 PM, the son of the informant was
talking irrelevant or abusive things, he was beaten by his
co-villager Birju Manjhi. Thereafter, scuffle took place
between them. After half an hour, the petitioner, along
with other co-accused persons, variously armed by lathi,
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danda, rod, knife, entered into the house of the son of the
informant, took him out and assaulted him till the son of
the informant became unconscious.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this false case due to petty dispute. He further submits
that there is case and counter case between the parties and
the case lodged by the side of the petitioner is prior in
time to the present First Information Report. He further
submits that there is no specific allegation against the
petitioner and there is general and omnibus allegation
against the petitioner and other co-accused persons.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the genesis of
occurrence and the fact that no overt act has been alleged
against the petitioner and there is general and omnibus
allegation against the petitioner, I am inclined to grant the
petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
Patna High Court CR. MISC. No.89111 of 2025(2) dt.15-01-2026
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bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned 1 st
Additional Chief Judicial Magistrate, Nawada, in
connection with Mufassil Police Station Case No. 345 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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