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Patna High Court

Manoj Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

Manoj Kumar, a resident of Kasdeora, applied for anticipatory bail after being implicated in a case alleging assault on his brother (the informant) and his niece Sunita, stemming from a property dispute between the brothers. The informant, who is also the petitioner’s brother, alleged that the petitioner assaulted him causing a simple head injury and also injured Sunita’s hand, which was described as a non‑vital part of the body. The petitioner argued that he has a clean antecedent, the injuries were not serious, and the allegations were false and motivated by the family dispute. The State and the informant opposed the bail but could not refute the petitioner’s claim that the injuries were minor and that the blow was not repeated. Considering the familial relationship, the petitioner’s clean record, and the nature of the injuries, the court granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences and the nature of injuries.
  • Whether the familial relationship and the petitioner’s clean antecedent justify the grant of bail despite the serious charges listed.

Subjects

  • anticipatory bail
  • Section 482
  • assault
  • property dispute
  • brother
  • clean antecedent
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18730 of 2026
                     Arising Out of PS. Case No.-14 Year-2026 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Manoj Kumar Ram S/o Late Parsuram Ram R/o Village - Kasdeora (Akil
                 Tola), PS- Maharjganj , Dist - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :      Mr. Nirmal Kumar Sinha, APP
                 For the Informant        :      Mr. Bijay Prakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 118(1), 117(2), 351(2), 352, 303(2) and 3(5) of the

                   BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons including the petitioner came on

                   14.01.2026 at 05:00 PM and petitioner assaulted him by farsa

                   causing injury on head and also assaulted Sunita on hand

                   causing injury.
Patna High Court CR. MISC. No.18730 of 2026(2) dt.02-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, who is his own brother. It is also submitted that

          informant and petitioner are having dispute relating to property.

          It is further submitted that an altercation had taken place in

          which both sides assaulted each other. It is further submitted

          that even presuming what has been alleged is true without

          admitting then the blow is not alleged to have been repeated and

          the injury suffered by his brother on head is opined to be simple

          in nature, but then it is fairly submitted that the injury suffered

          by Sunita (niece of the petitioner) is opined to be grievous

          which is swelling on hand and is not the vital part of the body. It

          is also submitted that petitioner never had any intention of

          assaulting his niece, but when fight ensued in between him and

          his brother, she came to save her father when she got pushed. It

          is also submitted that informant even implicated his mother. It is

          next submitted that petitioner is not a criminal.

                       5. Learned A.P.P. for the State as well as the learned

          counsel appearing on behalf of the informant opposes the

          anticipatory bail application of the petitioner, but then are not in

          a position to rebut the submissions of the learned counsel

          appearing on behalf of the petitioner that the blow was not
            Patna High Court CR. MISC. No.18730 of 2026(2) dt.02-04-2026
                                                        3/3




                      repeated and the injury on head of the informant has been

                      opined to be simple in nature and the injury suffered by Sunita

                      is on non-vital part of the body.

                                   6. After hearing the learned counsel for the parties

                      and taking into consideration the fact that petitioner and the

                      informant are brothers and petitioner is a person with clean

                      antecedent and the injury on vital part of the body has been

                      opined to be simple in nature, the petitioner above-named, in the

                      event of his arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned trial

                      court where the case is pending/successor court in connection

                      with Maharajganj P.S. Case No. 14 of 2026 subject to the

                      conditions as laid down under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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