Patna High Court
Manoj DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 103(1), 3(5)
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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