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2026 DAILYLAW 17219 (PAT)

Ajay Kumar @ Paraka Manjhi v. The State of Bihar

CR. MISC./35860/2026 · 2026-05-27

Ritesh Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35860 of 2026 Arising Out of PS. Case No.-55 Year-2025 Thana- JHAJHA District- Jamui ====================================================== 1. Ajay Kumar @ Paraka Manjhi Son of Paragi Manjhi Resident of Village -Ambedkar Nagar, Ward no. 5, Pas- Jhajha, Dist- Jamui 2. Vikash Kumar @ Vikash Manjhi son of Gopal Manjhi Resident of Village -Ambedkar Nagar, Ward no. 5, Pas- Jhajha, Dist- Jamui 3. Suraj Manjhi Son of Gopal Manjhi Resident of Village -Ambedkar Nagar, Ward no. 5, Pas- Jhajha, Dist- Jamui 4. Akash Kumar @ Akash Manjhi son of Prem Manjhi Resident of Village -Ambedkar Nagar, Ward no. 5, Pas- Jhajha, Dist- Jamui 5. Ratan Manjhi son of Late Kapil Manjhi Resident of Village -Ambedkar Nagar, Ward no. 5, Pas- Jhajha, Dist- Jamui 6. Satan Manjhi Son of Late Kapil Manjhi Resident of Village -Ambedkar Nagar, Ward no. 5, Pas- Jhajha, Dist- Jamui 7. Tukan Manjhi son of Late Kapil manjhi Resident of Village -Ambedkar Nagar, Ward no. 5, Pas- Jhajha, Dist- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 2 27-05-2026 Heard the learned counsel for the petitioners and the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Jhajha P.S. Case No. 55 of 2025, for allegedly having committed offence under Sections 191(2), 190, 126(2), 115(2), 109, 324(4), 324(5), 352, 351(2) of B.N.S. 2023. 3. As per the prosecution story, which has been Patna High Court CR. MISC. No.35860 of 2026(2) dt.27-05-2026 2/4 lodged on the basis of the written report submitted by the informant to the effect that on the date of occurrence when the idol of Goddess Saraswati was being immersed, all the accused persons, including the petitioners herein came together and on way to Jhajha Post Office, snatched the mobile phone of Alok Kumar and threw it away, due to which it got damaged. When the same was objected, then all the accused persons, including the petitioners started assaulting the informant and his associates. The specific allegation against petitioner no. 3 is that he assaulted on the head of the informant with an iron rod. The petitioner nos. 2 and 4 assaulted on the head of Nitish Kumar with lathi. Petitioner no. 6 also assaulted on the head of Nitish Kumar with an iron rod. Petitioner no. 1 assaulted the informant and others with bricks in his hand. The petitioner no. 7 assaulted Alok on his head with a lathi. It was further alleged that when the informant and others went to the Government hospital for treatment, then petitioner no. 6 again assaulted one Tarjan with lathi. 4. The learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. He further submits that there was a free fight in- between the parties after immersion of idol of Goddess Patna High Court CR. MISC. No.35860 of 2026(2) dt.27-05-2026 3/4 Saraswati for which Jhajha P.S Case No. 56 of 2025 was also lodged by one Sarita Devi, who happens to be the mother of petitioner nos. 2 and 3 herein. He further submits that both the sides suffered injuries. The learned counsel for the petitioners further submits that the petitioners have got a clean antecedent. 5. Per contra, the learned APP for the State vehemently opposes the prayer for bail of the petitioners and submits that the petitioners have brutally assaulted the informant and others with iron rod and lathi on their head, due to which they sustained injuries, and therefore, the petitioners do not deserve the privilege of anticipatory bail. 6. Having heard the rival submissions and after going through the records, it appears that there was a free fight in between the petitioners and the informant side. A case and and counter case was lodged and both the sides received injuries. It appears from the impugned order dated 13.05.2025, passed by the learned Additional Sessions Judge-II, Jamui that the injuries found upon the informant and others were found to be simple in nature by the treating doctor. 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, Patna High Court CR. MISC. No.35860 of 2026(2) dt.27-05-2026 4/4 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 C.J.M. Jamui in connection with Jhajha P.S. Case No. 55 of 2025, 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 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. Ajay/Mridula/- (Ritesh Kumar, J) U T