Created by Fuzzy Cloud

Patna High Court

Gano ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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,
Patna High Court CR. MISC. No.89111 of 2025(2) dt.15-01-2026
                                            2/3




                   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
                                                        3/3




                              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/-

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.