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Patna High Court

Rama ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the FIR contains only a general allegation against the petitioners and, therefore, anticipatory bail may be granted subject to conditions.

Summary

The petitioners, four brothers from Bhawanibigha village, sought anticipatory bail fearing arrest in a case (PS Case No.136 of 2024) involving alleged assault under IPC sections 341, 323, and 308/34. The FIR alleged a collective assault on an informant during a land dispute but did not specifically charge the petitioners with any overt act. The petitioners argued that the allegations were generic and the injury was minor, while the State opposed bail, noting prior cases against some petitioners. The court examined the FIR’s lack of specific incrimination and applied Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. It granted anticipatory bail to each petitioner on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail be effected within thirty days of receipt.

Issues considered

  • Whether the FIR contains sufficient specific allegations against the petitioners to deny anticipatory bail under Section 438 CrPC.
  • Whether the court may grant anticipatory bail despite the existence of other pending cases against some petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • Indian Penal Code
  • assault
  • land dispute
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89118 of 2025
                      Arising Out of PS. Case No.-136 Year-2024 Thana- MOHANPUR District- Gaya
                 ======================================================
           1.     Rama Manjhi S/o- Mandan Manjhi
           2.    Prabhu Nath Manjhi S/o- Madan Manjhi
           3.    Shiv Nath Manjhi S/o- Madan Manjhi
           4.    Madan Manjhi @ Bhadan Manjhi S/o- Jethu Manjhi.
                 All R/o village- Bhawanibigha Ps- Mohanpur Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                  Heard         Mr.Vijay Kumar,      learned counsel for the

                   petitioners and Mr.Syed Mojibur Rahman, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Mohanpur P.S.Case No.136 of 2024, FIR dated

                   18.06.2024, registered for the offences punishable under

                   Sections 341,323,308/34 of IPC.

                                3. Allegation against the petitioners is that they

                   alongwith other co-accused persons unanimously assaulted the

                   informant due to which he received head injury.

                                4. Learned counsel for the petitioners submits that it

                   appears from the FIR itself that due to admitted land dispute the
Patna High Court CR. MISC. No.89118 of 2025(2) dt.12-01-2026
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          present occurrence had taken place. Although the petitioners are

          named in the FIR but from a bare perusal of the FIR it appears

          that there is no specific allegation of any assault or overt-act

          attributed against the petitioners rather there is general and

          omnibus allegation against all the accused persons including the

          petitioners. Although the informant has received the injury but

          the injury report of the informant suggests that the injury is

          simple in nature caused by hard and blunt substance.

                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for anticipatory bail of the

          petitioners and submits that petitioner Nos. 1,3 and 4 carries one

          more case other than the present one but fairly submits that the

          petitioners are on bail in the said case, as mentioned in para-3 of

          the bail petition. Petitioner No.2 has clean antecedent.

                       6. Considering the aforesaid facts, let the petitioners,

          above named, in the event of their arrest or surrender before the

          court below within a period of thirty days from the date of

          receipt of the order, be released on bail on furnishing bail bond

          of Rs.10,000 (Ten Thousand)each with two sureties of the like

          amount each to the satisfaction of learned A.C.J.M.-II, Sherghati

          at Gaya in connection with Mohanpur P.S.Case No.136 of 2024,

          subject to the conditions as laid down under Section 438(2) of
               Patna High Court CR. MISC. No.89118 of 2025(2) dt.12-01-2026
                                                           3/3




                         the Code of Criminal Procedure/Section 482(2) of BNSS,2023

                         and with other following conditions:-

                                      (I) Petitioners shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on their absence on two consecutive dates without sufficient

                         reason, their bail bonds shall be cancelled by the Court below.

                                      (II) If the petitioners tamper with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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