Ganesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87015 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- MOHANPUR District- Gaya ====================================================== 1.
Ganesh Manjhi S/o Late Babulal Manjhi @ Babulal Chaudhary, 2.
Rameshwar Manjhi @ Rameshwar Kumar, S/o Ganesh Manjhi Both are R/o Village-Bhagwanpur, P.S- Mohanpur, Dist.- Gaya ji ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate Mrs. Swati Parmar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Mohanpur P.S. Case No.94 of 2025 registered under Sections 191(2), 191(3), 190, 329(4), 352, 351(3) and 103(1) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. As per FIR, petitioners along with other coaccused persons assaulted the father of the informant by using lathi, rod, etc. during the occurrence and took out him from the house, where one of the co-accused namely, Ajay Manjhi assaulted him by means of axe, causing head and
Patna High Court CR. MISC. No.87015 of 2025(2) dt.06-07-2026 2/3 bodily injuries, leading to this death.
4. It is submitted by learned counsel appearing for the petitioners that the allegation regarding physical assault is very much general and omnibus against the petitioners. It is submitted that the allegation of fatal assault is specifically available against co-accused Ajay Manjhi, who is not the petitioner for the present and considering these aspects, one of the learned co-ordinate Bench of this Court granted anticipatory bail to co-accused Karu Manjhi through Cr. Misc. No.61 of 2026 dated 19.03.2026. It is submitted that on the ground of judicial parity, these petitioners deserve bail. Both petitioners claimed their clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact as allegation of fatal assault is not available against these petitioners, rather same is specifically against co-accused Ajay Manjhi, coupled with the fact that similarly situated co-accused persons has already granted anticipatory bail by one of the learned co-ordinate Bench of this Court, as discussed aforesaid, accordingly, both above-
Patna High Court CR. MISC. No.87015 of 2025(2) dt.06-07-2026 3/3 named petitioners, who are men of clean antecedent, in the event of their arrest or surrender in the court below within a period of four weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Sherghatti, Gaya Ji in connection with Mohanpur P.S. Case No.94 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T