Patna High Court
Manoj Kumar Sharma @ Manoj SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, members of the Sharma family, applied for anticipatory bail fearing arrest in a case registered under Sections 127(2), 190, 191(2), 117(2), 109 and 74 of the Bharatiya Nyaya Sanhita for allegedly assaulting the informant's daughters on 26 November 2025. The prosecution alleged that the assault caused head injuries, while the petitioners contended they were innocent, the injuries were minor, and they had clean antecedents except one petitioner who was on bail for a prior offence. The State and the informant opposed the bail, arguing the seriousness of the allegations. The Court examined the nature of the accusations, the extent of injuries, and the petitioners' backgrounds, and concluded that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under the allegations of assault?
- Whether the petitioners are likely to tamper with evidence, influence witnesses, or abscond if bail is denied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 117(2), 127(2), 190, 191(2), 74
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20323 of 2026
Arising Out of PS. Case No.-504 Year-2025 Thana- TEKARI District- Gaya
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1. Manoj Kumar Sharma @ Manoj Sharma Son of Late Vashishth Sharma
Resident of Village- Andarkila, P.S.- Tekari, District- Gaya Ji
2. Manju Devi Wife of Manoj Kumar Sharma @ Manoj Sharma Resident of
Village- Andarkila, P.S.- Tekari, District- Gaya Ji
3. Suraj Kumar @ Suraj Sharma Son of Manoj Kumar Sharma @ Manoj
Sharma Resident of Village- Andarkila, P.S.- Tekari, District- Gaya Ji
4. Chanda Kumari @ Chanda Sharma D/o Manoj Kumar Sharma @ Manoj
Sharma Resident of Village- Andarkila, P.S.- Tekari, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
For the Informant : Mr. Sanjay Kumar Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 127(2), 190, 191(2),
117(2), 109, 74 of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 26.11.2025 at about
9:30 AM, all the F.I.R. named accused persons, including these
petitioners, assaulted daughters of the informant as a result of
which they sustained head injuries.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.20323 of 2026(2) dt.08-04-2026
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petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus. Doctor has found
the injuries to be simple. Petitioner nos. 1, 3 and 4 claim clean
antecedent and petitioner no. 2 has got one criminal antecedent
in which he is on bail.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation and injuries,
this anticipatory bail is allowed and it is ordered that let the
above named petitioners in the event of their arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged 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 learned Additional Chief
Judicial Magistrate VI, Gaya Ji in connection with Tekari P. S.
Case No. 504 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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