Patna High Court
Pramod Manjhi @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Pramod Manjhi, was accused in a land‑dispute assault case (Police Station Bodhgaya Case No. 552 of 2024) involving charges under several sections of the Bhartiya Nyaya Sanhita. The FIR alleged that the petitioner and others, armed with lathis and other weapons, assaulted the informant and his family, causing simple injuries, the most serious being to a finger. The petitioner argued that the allegations were general, the injuries were minor and non‑vital, and both parties were co‑villagers involved in a land dispute. The court, considering these facts, found that the nature of the injuries and the context did not warrant denial of bail. Consequently, the court granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the charges under Sections 126(2), 115(2), 109, 352, 351(2), 351(3) and 303(2) of the Bhartiya Nyaya Sanhita.
- Whether the nature of the injuries (simple, non‑vital) and the general nature of the allegations justify the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 351(2), 351(3), 352
Subjects
- anticipatory bail
- assault
- land dispute
- simple injury
- co‑villagers
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91139 of 2025
Arising Out of PS. Case No.-552 Year-2024 Thana- BODHGAYA District- Gaya
======================================================
Pramod Manjhi @ Pramod Kumar S/o Suresh Manjhi Resident of Village-
Ghonghriya Ghato, P.S.- Bodh Gaya, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh
For the Opposite Party/s : Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 01-04-2026 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 Bodhgaya Police Station Case No. 552 of 2024, dated
20.11.2024, disclosing offences under Sections
126(2)/115(2)/109/352/351(2)/351(3)/303(2) of the
Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 18.11.2024 in the morning, while the informant
(Karu Manjhi) along with his family members, was in his
house, in the meanwhile, due to gair majaura land dispute
situated in front of the informant’s house, the petitioner,
along with other accused persons, came there armed with
lathi, danda and other other weapons and started abusing
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the informant. When the informant and his family
members objected the accused persons assaulted them.
The petitioner, along with other accused persons,
assaulted the informant and Surendra Manjhi due to
which they sustained injuries.
4. Learned counsel for the petitioner submits that both the
parties are co-villagers and altogether 13 persons have
been made accused due to land dispute between them. He
next submits that allegation against 03 persons, including
the petitioner, is general and omnibus in nature and injury
sustained by Surendra Manjhi is simple in nature,
whereas, injury sustained by the informant is on non-vital
part of the body i.e. metacarpal (finger).
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that both the
parties are co-villagers having land dispute and injuries
sustained by victims are simple in nature and on non-vital
part of the body, 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 four weeks, be
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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 Chief Judicial
Magistrate, Gaya, in connection with Bodhgaya Police
Station Case No. 552 of 2024, subject to the condition
laid down under Section 482 (2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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