Vyas Manjhi @ Byas Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2673 of 2025 Arising Out of PS. Case No.-388 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Vyas Manjhi @ Byas Manjhi Son of Mangal Manjhi Resident of VillagePurvi Hemnagar Chapra, P.S.- Muffasil, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shrinath Manjhi, Adv.
For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, App For the Informant :
Mr. Dhananjay, Adv.
:
Mr. Nitesh Kumar Nirala, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2025
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 Chapra Muffasil Police Station Case No. 388 of 2024, disclosing offences under Sections 341, 323, 324, 307, 354, 379, 34 of the Indian Penal Code.
3. As per prosecution case, on 30.06.2024, in the morning, the petitioner along with other accused persons arrived at the house of the informant, started abusing and upon protest, they started assaulting him by iron rod, danda etc. When the mother of the informant intervened in order to rescue him, the petitioner assaulted her with sword due to which she sustained head injury.
Patna High Court CR. MISC. No.2673 of 2025(3) dt.20-02-2025 2/3
4. Learned Counsel for the petitioner submits that there is a case and counter case and both the parties are residing side by side. He further submits that a counter case has been lodged by the side of the petitioner against the informant and others bearing Chapra Muffasil P.S. Case No. 389 of 2024. The side of the petitioner has also sustained injury. The occurrence has taken place on trivial issue as evident from the FIR that when the informant and others were celebrating the win of Indian team in the cricket last night, the petitioner and others abused and assaulted the informant and his family members. The allegation against the petitioner is that he assaulted the mother of the informant with sword but as per the injury report, as discussed in the impugned order, the informant's mother has sustained grievous injury due to hard and blunt substance.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is direct allegation against the petitioner that he assaulted the mother of the informant on her head and she has sustained grievous injury on her head and the petitioner is having four criminal antecedents, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected.
Patna High Court CR. MISC. No.2673 of 2025(3) dt.20-02-2025 3/3
7. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on its own merit without being prejudiced that anticipatory bail of the petitioner has been rejected by this Court.
(Anil Kumar Sinha, J) HarshPandey/- U T