Jitendra Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35747 of 2026 Arising Out of PS. Case No.-748 Year-2024 Thana- BASANTPUR District- Siwan ====================================================== 1.
Jitendra Manjhi S/o Lakshman Manjhi @ Lachuman Manjhi R/o Village - Madarpur, P.S. - Lakri Nabiganj, District - Siwan. 2.
Chhathu Kumar @ Motor @ Chathu Manjhi S/o Lakshman Manjhi @ Lachuman Manjhi R/o Village - Madarpur, P.S. - Lakri Nabiganj, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 25-05-2026 Heard the learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehends their arrest in connection with Basantpur (L.N.G.) P.S. Case No. 748 of 2024, for allegedly having committed offence under Sections 191(1), 126(2), 115(2), 118(1), 109, 303(2), 352 of the BNS.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that on the date of occurrence at about 5:45 P.M. while he was returning from Madarpur Bazar after buying vegetables, all the accused persons, including the petitioners herein surrounded him. On the order of the co-
2/4 accused Laxman Manjhi, the petitioner no. 1 is said to have assaulted the informant on his head with an intention to kill him, due to which he sustained injuries on his head. Then, petitioner no. 2 is said to have assaulted the informant by rod, thereafter all the accused persons assaulted him on different parts of the body.
4. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case due to previous enmity, since the mother of the petitioners herein has previously lodged Basantpur (L.N.G.) P.S. Case No. 750 of 2024 against the informant and others. He further submits that the allegation against the petitioner no. 1 is of assaulting the informant on his head, while the allegation against the petitioner no. 2 is also assaulting the informant on his head. However, the injuries sustained by the informant on his head have been found to be simple in nature by the treating doctor. The petitioners have got a clean antecedent.
5. Per contra, the learned APP appearing on behalf of the State opposes the prayer for bail of the petitioners and submits that the injuries inflicted by the petitioners are on the head, which is a vital part of the body, therefore, the petitioners do not deserve the privilege of anticipatory bail.
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6. Having heard the rival submissions and after going through the records, it appears that petitioners are said to have assaulted the informant on his head with iron rod. The learned Additional Sessions Judge-V, Siwan, while rejecting the anticipatory bail petitions of the petitioners has recorded that the injuries sustained by the informant have been found to be simple in nature by treating doctor, but since the injuries were on the vital part of the body, therefore, he proceeded to reject the anticipatory bail petition of the petitioners. Further, the petitioners have got a clean antecedent. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender within a period of six weeks, 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 the learned A.C.J.M.-1st, Siwan in connection with Basantpur (L.N.G.) P.S. Case No. 748 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned 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 concerned shall take steps for cancellation
4/4 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. (Ritesh Kumar, J) Ajay/Rakesh/- U T