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Patna High Court

Manoj Jha @ Manoj Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bail‑bond of Rs 10,000 with two sureties.

Summary

Manoj Jha applied for bail in a case registered under Sections 191(2), 190, 103(1), 115(2) and 118(1) of the B.N.S., 2023, alleging that he and other accused assaulted the son of an informant during a land‑dispute scuffle, leading to the victim’s death. The prosecution alleged that the accused used a spade, khanti, lathi and tengari, causing eight injuries found in the post‑mortem. The petitioner argued that the FIR only made a general allegation without attributing any specific act to him, that he has been in custody since 4 October 2025, and that he has a clean antecedent. The State opposed bail. Considering the nature of the accusation, the length of custody and the petitioner’s clean record, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the charges, period of custody and his clean antecedent

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • homicide
  • land dispute
  • clean antecedent
  • B.N.S., 2023
  • Sections 191(2), 190, 103(1), 115(2), 118(1)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3436 of 2026
                      Arising Out of PS. Case No.-299 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Manoj Jha @ Manoj Kumar Jha S/O Late Parmanand Jha R/O Village- Susari,
                 P.S- Baheri, Distt.- Darbhanga.
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kr. Thakur, Advocate with
                                                  Mrs. Vaishnavi Singh & Mr. Ritwik Thakur
                 For the Opposite Party/s :       Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks bail in a case registered for

                   offence under Sections 191(2), 190, 103(1), 115(2), 118(1) of

                   the B.N.S., 2023.

                                 3. The prosecution case, in brief, is that on 14.07.2025

                   at about 10 AM, some scuffle took place between the parties

                   owing to land dispute and construction of boundary wall, in

                   which, it is alleged that all the named accused persons,

                   including this petitioner, assaulted the son of informant with

                   spade, khanti, lathi and tengari and while being taken to

                   hospital, the injured (son of informant) succumbed to injuries.

                   In the post-mortem, altogether 8 injuries were found on the

                   person of deceased.
           Patna High Court CR. MISC. No.3436 of 2026(2) dt.11-02-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that as

                     per F.I.R., 14 named accused, including petitioner, assaulted son

                     of informant with spade, khanti, lathi and tengari. Allegation of

                     assault is general and omnibus and no specific overt act has

                     been attributed to this petitioner. Petitioner is in custody since

                     04.10.2025 and claims clean antecedent. Chargesheet has been

                     submitted.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     bail.

                                  6. Considering the nature of accusation, period of

                     custody and clean antecedent, let the above named petitioner be

                     released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned A.C.J.M. - VII, Darbhanga at

                     Laheriasarai / concerned Court in connection with Baheri P.S.

                     Case No. 299 of 2025.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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