Patna High Court
Manoj DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered anticipatory bail for the petitioners, subject to surrender and bail bond conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Manoj Das and Saudagar Das applied for anticipatory bail fearing arrest in connection with Banka P.S. Case No. 344 of 2025, which alleges assault on Prakash Das under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution claims the petitioners assaulted the victim with a farsa and an iron rod, while the petitioners contend they are innocent, the injury is not grievous, the offence is bailable, and the complaint was filed six days after the incident. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the Court granted anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S., 2023. The order emphasizes the court's discretion to prevent unwarranted arrest while ensuring compliance with bail conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita, 2023
- Whether the offences alleged are bailable in nature
- Whether the circumstances justify the court's intervention under Section 482(2) to prevent arrest
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- bailable offence
- Section 482
- criminal procedure
- bail conditions
- preventive detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3139 of 2026
Arising Out of PS. Case No.-344 Year-2025 Thana- BANKA District- Banka
======================================================
1. Manoj Das S/o Aghan Das R/o Village - Ambha, P.S - Banka, District -
Banka
2. Saudagar Das @ Sadanand Das @ Sadanand Kumar Das S/o Manoj Das R/o
Village - Ambha, P.S - Banka, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the informant.
2. The instant application for anticipatory bail have
been filed by the petitioners apprehending their arrest in
connection with Banka P.S. Case No. 344 of 2025 instituted for the
offence under Sections 126(2), 115(2), 117(2), 303(2), 109,
308(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that Saudagar
Das has assaulted Prakash Das on the head with a farsa, whereas
Manoj Das has assaulted Prakash Das on the head with an iron
rod.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.3139 of 2026(3) dt.10-04-2026
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committed no offence. They have falsely been implicated in this
case. He also submits that there is also a counter version of this
case. He also submits that there is no repetition of the blow and the
injury, which is found to be grievous, is on the arm, which is
bailable in nature. He further submits that the case was filed after
six days of the occurrence.
5. In contra, learned APP appearing for the State and
learned counsel for the informant have opposed the prayer of bail
of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioners on bail. The petitioners are
directed to surrender in the Court below within a period of four
weeks from today and in the event of their arrest or surrender in
connection with Banka P.S. Case No. 344 of 2025, they will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Banka subject to
the conditions as laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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