Suresh Manjhi @ Suresh Prasad Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28043 of 2026 Arising Out of PS. Case No.-311 Year-2025 Thana- AMARPUR District- Banka ====================================================== 1.

Suresh Manjhi @ Suresh Prasad Manjhi S/O Bhikhan Manjhi Resident of Vill.- Kishanpur, P.S.- Amarpur, Dist.- Banka 2.

Niraj Madhukar S/O Suresh Manjhi @ Suresh Prasad Manjhi Resident of Vill.- Kishanpur, P.S.- Amarpur, Dist.- Banka ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. After short argument, learned counsel appearing on behalf of the petitioners seeks permission to withdraw this application with regard to petitioner no. 2 namely, Niraj Madhukar.

3. Accordingly, prayer of anticipatory bail of petitioner no. 2 namely, Niraj Madhukar stands dismissed as withdrawn.

4. Now, this anticipatory bail petition survives only with regard to petitioner no. 1 namely, Suresh Manjhi @ Suresh Prasad Manjhi.

5. The accused-petitioner no.1, named in the F.I.R., is apprehending his arrest in connection with Amarpur P.S. Case

Patna High Court CR. MISC. No.28043 of 2026(2) dt.01-05-2026 2/3 No. 311 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 74, 117(2), 352, 351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

6. The allegation against the petitioner no. 1 is to abuse and assault the informant during course of occurrence.

7. Learned counsel appearing on behalf of the petitioner submitted that occurrence took place in the background of previous loan of Rs. 4000/- and allegation qua abusing and assault is appearing very much general and omnibus in nature.

8. It is submitted that FIR in issue, nowhere suggest that act of petitioner was with intention to outrage the modesty of the informant. Petitioner no. 1 claimed to be a man of clean antecedent.

9. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner no. 1.

10. In view of the aforesaid factual submissions and by taking note of the fact as allegation of abuse and assault is not specifically available against this petitioner, who is a man of clean antecedent, accordingly, above-named petitioner no. 1 namely, Suresh Manjhi @ Suresh Prasad Manjhi, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail

Patna High Court CR. MISC. No.28043 of 2026(2) dt.01-05-2026 3/3 bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrtate, Banka/concerned court in connection with Amarpur P.S. Case No. 311 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T