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Patna High Court

Manoj DasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail as the FIR does not specifically allege his participation in the assault and he has no prior criminal record.

Summary

Manoj Das was arrested in connection with a case registered under Sections 103(1) and 3(5) of the B.N.S., alleged to involve assault leading to the death of the informant's husband. The prosecution’s case named another individual, Karu Das, as the assailant, and the FIR contained no direct allegation against Manoj Das. The petitioner’s counsel argued that he was falsely implicated, had no criminal antecedent, and had been in judicial custody since 22‑10‑2025. The State opposed bail, but the Court, after considering the lack of specific charges against the petitioner and his clean record, ordered bail. Manoj Das was released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the charges under Sections 103(1) and 3(5) of the B.N.S.
  • Whether the allegations in the FIR sufficiently implicate the petitioner to deny bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • assault
  • section 103
  • section 3
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17326 of 2026
                   Arising Out of PS. Case No.-179 Year-2025 Thana- CHANDRAMANDI District- Jamui
                 ======================================================
                 Manoj Das, Son of Nandu Das, Resident of Village- Bishanpur, P.S.-
                 Chandramandi, District- Jamui

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amrendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Chandramandi P.S. Case No. 179 of 2025 registered for the

                   offence punishable under Sections 103(1) and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that one

                   Karu Das has assaulted with his feet on the private part of the

                   informant's husband who died during treatment.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. From perusal of the F.I.R. itself it is clear that there is

                   direct allegation against Karu Das. There is no allegation against

                   the petitioner of assaulting the deceased. He is only the member
             Patna High Court CR. MISC. No.17326 of 2026(2) dt.23-03-2026
                                                         2/2




                       of mob. There is only specification is that he has assaulted with

                       slaps and fists. It has further been submitted that the deceased

                       was having disease of Hernia due to which he died and there is

                       no allegation of any overt act against the petitioner.      He is

                       having no criminal antecedent and he is languishing in judicial

                       custody since 22.10.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    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 enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Jamui in connection with Chandramandi P.S. Case No. 179 of

                       2025.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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