Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
Manish Kumar was named in an FIR for alleged assault, robbery and threats involving a pistol, under several sections of the Bihar Negotiable Statutes. He contended that the incident was an accident, the injuries were minor, and the case was false. The prosecution opposed bail. The court examined the nature of the injuries, the alleged intent, and the petitioner’s clean antecedents. Finding that the injuries were simple and did not prima facie indicate intent to cause death, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the nature of the injuries and alleged offences justify denial of bail.
- Whether the petitioner’s antecedents and the circumstances warrant bail under Section 438 Cr.P.C.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Section 482
- assault
- robbery
- intent to cause death
- injury assessment
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26755 of 2026
Arising Out of PS. Case No.-180 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Manish Kumar S/o Akwal Yadav @ Ramakbal Yadav Resident of Village -
Murwariya, P.S. - Pipariya, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 27-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Lakhisarai P.S. Case
No. 180 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 303(2), 109(1), 352, 351(2) and 3(5)
of the BNS.
3. As per FIR, petitioner along with other three named
co-accused persons and six unknown persons all residents of
village Pipariya Distt. Lakhisarai assaulted informant and his son,
while they were returning after attending one yagya on his
motorcycle and also alleged to snatch Rs. 20,000/- under life
threat showing pistol.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that motorcycle of the petitioner and
Patna High Court CR. MISC. No.26755 of 2026(2) dt.27-04-2026
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informant dashed while they were returning after attending local
yagya. It is submitted that out of said accident as informant and
his son received minor injuries, taking advantage of same present
false case was lodged. It is further submitted that in terms of FIR
three known including six unknown persons were involved in
assaulting informant and his son, but presence of only one visible
injury upon informant and his son making entire occurrence
doubtful particularly the manner of assault. It is submitted that
upon medical examination injury as received by the informant
and his son found simple in nature prima-facie negating intention
to cause death. While concluding arguments, it is submitted that
above named petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as nature of injury appears simple in nature
prima-facie negating intention to cause death, accordingly
petitioner above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, is directed
to be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned CJM, Lakhisarai/concerned
Court, where the case is pending in connection with Lakhisarai
Patna High Court CR. MISC. No.26755 of 2026(2) dt.27-04-2026
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P.S. Case No. 180 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/ Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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