Patna High Court
Raja Manjhi @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Raja Manjhi, sought anticipatory bail after being implicated in a FIR alleging his participation in a violent assault that led to the death of an informant's husband. The FIR listed several offences under the Bharatiya Nyaya Sanhita, but the petitioner argued that the accusations against him were vague and that specific acts were attributed only to other co‑accused. The State and the informant opposed bail, emphasizing the seriousness of the alleged offences. The court considered the petitioner’s clean antecedent, the lack of specific allegations against him, and the nature of the case. It granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in an FIR for offences under the Bharatiya Nyaya Sanhita
- Whether the allegations against the petitioner are sufficiently specific to deny bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103, 109, 115(2), 118(1), 126(2), 3(5), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- homicide
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90542 of 2025
Arising Out of PS. Case No.-256 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Raja Manjhi @ Raja Kumar S/o Hira Majhi Resident of village - Dariyapur,
P.S - Dariyapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Abhishek, Mr. Amrit Kumar, Advocates
For the Opposite Party/s : Mr. Umeshchand Verma, A.P.P.
For the Informant : Mr. Javed Aslam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 352, 3(5) of the Bharatiya Nyaya Sanhita to which Section
103 BNS was added later on.
3. As per F.I.R., on 08.05.2025 at about 12:30 AM,
when informant and her husband were returning home, after
attending a marriage ceremony, all the named accused persons,
including this petitioner, dragged her husband from behind and
assaulted him. Co-accused Nisha Kumari gave spade blow on
the head of the husband of informant and co-accused Dinesh
Manjhi and Renu Devi assaulted him with bricks as a result of
Patna High Court CR. MISC. No.90542 of 2025(3) dt.24-03-2026
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which he sustained severe injuries and died during course of
treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of assault is against co-accused Nisha Kumari,
Dinesh Manjhi and Renu Devi. So far this petitioner is
concerned, allegation of assault is general and omnibus and
there is no allegation of any specific overt act against him.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Saran at Chapra in connection with Dariyapur P. S. Case No.
256 of 2025, subject to conditions as laid down under Section
Patna High Court CR. MISC. No.90542 of 2025(3) dt.24-03-2026
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482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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