Patna High Court
Upendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Upendra Manjhi, sought anticipatory bail in connection with a 2021 FIR (Case No. 842) alleging offences under Sections 341, 323, 379, 307, 504 and 34 of the Indian Penal Code. The prosecution alleged that the petitioner and co‑accused struck the complainant with a bamboo stick on the head, causing injury and taking money. The petitioner contended that the incident was a minor scuffle, no injury report exists, and the parties have reached a settlement documented before the court. The State opposed bail, emphasizing the seriousness of a head injury. Considering the absence of an injury report, the petitioner’s clean record, and the settlement, the Court exercised its discretion to grant anticipatory bail subject to strict conditions, including sureties, cooperation with investigation, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault, attempted murder and other IPC offences where no injury report is on record and the parties claim a settlement.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- attempted murder
- settlement agreement
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9941 of 2026
Arising Out of PS. Case No.-842 Year-2021 Thana- TURKAULIYA District- East
Champaran
======================================================
Upendra Manjhi S/o Bagar Manjhi R/o Village - Sapahi, P.S - Raghunathpur
O.P, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 26-02-2026 Heard Mr. Sunil Kumar No.III, learned counsel
for the petitioner and Mr. Ram Sevak Choudhary, learned APP
representing the State.
2. The petitioner is apprehending his arrest in
connection with Turkauliya (Raghunathpur O.P.) P.S. Case No.
842 of 2021 registered for the offence under Sections 341, 323,
379, 307, 504 and 34 of the Indian Penal Code, lodged on
08.11.2021 by the informant, Yadolal Manjhi.
3. As per the prosecution story, the informant alleged
that while he was talking with Rakesh Manjhi in front of Shiv
Manjhi’s house, the accused persons came and allegation is that
Sikandar Manjhi and Upendra Manjhi gave bamboo blow on the
head causing injuries, further allegation of taking away the
Patna High Court CR. MISC. No.9941 of 2026(2) dt.26-02-2026
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amount is there. This led to the F.I.R..
4. Learned counsel for the petitioner submits that
minor scuffle took place which has been exaggerated, there is no
injury report to show that whether it was simple or grievous and
finally the parties have come to terms by submitting an
agreement document before the concerned court to close the
case.
5. Learned APP opposes the prayer submitting that
the bamboo blow was on the head which is a vital part.
6. Considering the submissions of the parties as also
the fact that the injury report is not on record, the petitioner has
no criminal antecedent, they are now trying to solve the problem
and for this, a joint petition has been preferred before the
concerned court, in that background, this Court is inclined to
extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, First Class,
Motihari, East Champaran, in connection with Turkauliya
(Raghunathpur O.P.) P.S. Case No. 842 of 2021 subject to the
Patna High Court CR. MISC. No.9941 of 2026(2) dt.26-02-2026
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following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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