Patna High Court
Manoj Jha @ Manoj Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S., 2023 — s. 103(1), 115(2), 118(1), 190, 191(2)
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
Checking your session…