Patna High Court
Manish Kumar @ Manish YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Manish Kumar (alias Manish Yadav) was arrested for allegedly assaulting the husband of an informant with a knife and iron rod, and also assaulting Gautam Kumar, causing multiple injuries, one of which was deemed grievous. The petitioner, who has been in judicial custody since 9 December 2025, sought regular bail, claiming innocence and that the allegations were vague and the injuries mostly simple. The prosecution opposed bail, highlighting the petitioner’s two prior criminal convictions. The court examined the nature of the injuries, noting that the grievous injury was bailable, and considered the petitioner’s custody duration and antecedents. Concluding that bail was appropriate, the court ordered his release on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the alleged offenses and his prior criminal record
- Whether the grievous injury sustained by the victim renders the offense non-bailable
Subjects
- regular bail
- assault
- grievous injury
- criminal antecedents
- Bihar Penal Code
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16426 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- BELHAR District- Banka
======================================================
Manish Kumar @ Manish Yadav Son of Surendra Yadav Resident of Village-
Bishanpur, P.S.- Belhar, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 118(1), 117(2), 109, 303(2), 352, 351(2) and 3(5) of BNS.
3. The case of the prosecution is that the petitioner
along with five named persons and six unknown persons assaulted
the husband of the informant with knife and iron rod. It is further
alleged that Gautam Kumar objected but he was also assaulted by
accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the nature of
allegation is general and omnibus. From perusal of the injury
Patna High Court CR. MISC. No.16426 of 2026(2) dt.13-03-2026
2/2
report, it will transpire that the husband of the informant has
received six injuries and injury no. 4 is opined by the doctor to be
grievous in nature which is pain and swelling on left forearm. He
has also submitted that other injuries are simple in nature and
injury no. 4 which is grievous is bailable in nature. As far as
injured Gautam is concerned, he has received simple injury
caused by hard and blunt substance. Moreover, the petitioner is
languishing in judicial custody since 09.12.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and has submitted that
petitioner is having two criminal antecedents.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Belhar P.S. Case No. 177 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Banka.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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