Patna High Court
Manoj Kumar @ Manoj KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that anticipatory bail is appropriate where the FIR contains only general allegations and the alleged injuries are simple, entitling the petitioner to bail under Section 482(2) of the BNS 2023.
Summary
Manoj Kumar (also known as Manoj Kushwaha) applied for anticipatory bail after learning that he might be arrested in connection with FIR No.19 of 2026, which alleged his participation in an assault on an informant's husband under several sections of the Bhartiya Nagarik Suraksha Sanhita (BNS) 2023. The petitioner contended that the FIR contains only general, omnibus allegations and that the specific assault was committed by co‑accused Madan Yadav, with the injury report showing only simple injuries not attributable to him. The State opposed the bail, arguing that the charges were serious. The Court examined the nature of the allegations and the simplicity of the injuries, and considered the provisions of Section 482(2) of the BNS 2023. It concluded that the petitioner was likely falsely implicated and that the allegations did not justify denial of bail. Consequently, the Court granted anticipatory bail subject to a cash bond, sureties and conditions of cooperation and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita when the FIR contains only general allegations.
- Whether the simplicity of the alleged injuries influences the grant of anticipatory bail.
- Whether the petitioner’s alleged involvement warrants denial of anticipatory bail despite the charges.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 127(2), 191(2), 191(3), 482(2)
Subjects
- anticipatory bail
- Bhartiya Nagarik Suraksha Sanhita
- general allegations
- simple injuries
- Section 482
- FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25161 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
Manoj Kumar @ Manoj Kushwaha S/o Late Jagnarayan Kushwaha Resident
of Village- Bhadbhadwa, P.S.- Purottampur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Pursottampur P.S. Case no.19 of 2026 registered under
Sections 109(1), 126(2), 127(2), 115(2), 191(3) and 191(2) of
BNS, 2023.
3. Allegation in the F.I.R is that petitioner along with
others assaulted the informant’s husband causing injuries to
him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner next submits that F.I.R itself demonstrates that there
are general and omnibus allegation levelled against the
Patna High Court CR. MISC. No.25161 of 2026(2) dt.29-04-2026
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petitioner of assault and the specific allegation of assaulting the
informant’s husband with farsa is upon co-accused Madan
Yadav. It is further submitted that there exists a case and
counter-case between the parties. Further, injury report indicates
that the informant sustained three injuries, all of which are
simple in nature, and none of the said injuries have been
attributed to the present petitioner. Accordingly, the FIR.
5. The learned APP opposes the anticipatory bail
application.
6. Taking into consideration the fact that there is
general and omnibus allegation leveled against the petitioners
coupled with the injuries which are of simple in nature.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned CJM, Bettiah,
West Champaran in connection with Pursottampur P.S. Case
no.19 of 2026, subject to the conditions laid down under Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with
following conditions:
Patna High Court CR. MISC. No.25161 of 2026(2) dt.29-04-2026
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(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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