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Patna High Court

Manoj Kumar @ Manoj KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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