Patna High Court
Manoj Chandrawanshi @ Manoj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, five residents of Rauna village, were implicated in a land‑boundary dispute that allegedly escalated into stone‑pelting, threats with firearms, and theft of construction materials, leading to charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023. They contended that the allegations were vague, there was no specific charge of demanding money against them, they had no connection to the land where the incident occurred, and no injury was proven. The prosecution opposed bail, but the court noted the lack of specific incriminating material, the absence of any proven injury, and the petitioners' minimal or no prior criminal records. Considering these factors, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail application was therefore allowed.
Issues considered
- Whether the petitioners are entitled to bail despite the charges under Sections 190, 191(2), 191(3), 126(2), 115(2), 308(2), 125(a), 303(2), 324(4), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations against the petitioners are specific enough to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 125(a), 126(2), 190, 191(2), 191(3), 303(2), 308(2), 324(4), 351(2), 352
Subjects
- bail
- criminal procedure
- land dispute
- stone pelting
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32642 of 2026
Arising Out of PS. Case No.-379 Year-2025 Thana- KONCH District- Gaya
======================================================
1. Manoj Chandrawanshi @ Manoj Singh, (M), aged about 56 years, S/o-
Sudama Chandrawanshi,
2. Bilash Manjhi (M), aged about 54 years, S/o- Kauleshwar Manjhi,
3. Jagu Manjhi (M), aged about 70 years, S/o- Pachu Manjhi,
4. Tuntun Tamoli @ Tuntun Chaurasiya (M), aged aout 69 years, S/o-
Rambilash Chaurasia,
5. Sudhir Kumar Das @ Sudhir Das (M), aged about 32 years, S/o- Satnarayan
Das @ Madhesh Das,
All resident of Village- Rauna, P.S- Konch, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Satya Kirti, Advocate
Mr. Abhash Chandra, Advocate
Mr. Apurv Gaurav, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with
Konch PS Case No.379 of 2025 dated 21.07.2025, instituted
under Sections 190, 191(2), 191(3), 126(2), 115(2), 308(2),
125(a), 303(2), 324(4), 352, 351(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in brief, is that the petitioner
entered into an agreement with Jay Kumar for 30 decimals of
Patna High Court CR. MISC. No.32642 of 2026(2) dt.13-05-2026
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land in respect of Khata No.32, Plot No.1520 Parti land situated
in village-Rauna. It is alleged that the informant was giving
piling for boundary, in the meanwhile, the petitioners and other
accused persons came there and started stone pelting. On
protest, they took out arms and threatened to shot. Some of the
miscreants assaulted and demand rupees ten lakhs. In the night
of 19.07.2025, they took away all the bricks, 20 cement bags as
well as iron rod.
4. Learned counsel for the petitioners submits that
there is no specific allegation against the petitioners, rather,
allegation against the petitioners is general and omnibus. There
is no specific allegation of demand of money against the
petitioners. The petitioners have no concern with the land where
the occurrence took place. The occurrence took place on account
of dispute regarding the boundary of cremation place. There is
no material available on the record to show that any person has
received any injury in the said occurrence. Lastly, it is submitted
that the petitioner nos. 1, 2, 4 and 5 have one criminal case each
against them while the petitioner no.3 has no criminal
antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.32642 of 2026(2) dt.13-05-2026
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the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned ACJM-VIII, Gaya Ji, in Konch PS Case No.379 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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