Patna High Court

Manoj Kumar @ Manoj MahtoversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

Anticipatory bail was granted because the petitioner had no criminal antecedent and the alleged injury was simple, indicating the FIR did not establish a strong prima facie case.

Summary

Manoj Kumar filed an anticipatory bail application in the Patna High Court, alleging false implication in a case registered under sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 for allegedly assaulting an informant with a daab. The prosecution claimed the assault caused injuries, while the petitioner contended the FIR was fabricated, the injury was simple, and he had no criminal antecedent. The court examined the FIR, the injury report, and the petitioner’s clean record. Considering the lack of serious injury and the petitioner’s willingness to cooperate, the court ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order directed that the bail be effective if the petitioner is arrested or surrenders within four weeks, subject to the satisfaction of the Chief Judicial Magistrate, Saran.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the alleged offences.
Whether the allegations in the FIR constitute a prima facie case justifying denial of bail.
Whether the petitioner’s lack of criminal antecedent and the simple nature of the injury warrant the grant of anticipatory bail.

Legislation cited

Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

anticipatory bail
assault
false implication
criminal antecedent
bail bond
Bhartiya Nyay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3801 of 2026
                     Arising Out of PS. Case No.-591 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Manoj Kumar @ Manoj Mahto S/o Ishwar Mahto R/o Village- Dev Bahuara,
                 P.S.- Marhaura, Distt.- Saran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Surendra Prasad Singh APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   28-01-2026                     1. Heard learned counsel for the parties.

                                   2. The petitioner in this application prays for grant

                   of anticipatory bail apprehending his arrest in connection with

                   Madhaurah P.S.Case no. 591 of 2025 registered for the offence

                   punishable under sections 126(2), 115(2), 109, 303(2), 352,

                   351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023

                                   3. As per the prosecution case, the petitioner is said

                   to have assaulted the informant with a daab on his head causing

                   injuries.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has been falsely implicated in the case. No such

                   occurrence as alleged in the FIR has taken place. There is case

                   and counter case between the parties, the correct version having

                   been narrated in the counter case, FIR of which is Annexure-P/2
          Patna High Court CR. MISC. No.3801 of 2026(2) dt.28-01-2026
                                                      2/2




                    to the petition. The alleged injury on the informant has been

                    found to be simple in nature vide injury report brought on

                    record as Annexure P/4 to the petition. The petitioner has no

                    criminal antecedent and undertakes to cooperate in the

                    investigation/trial.

                                    5. The application for bail is opposed by learned

                    APP for the State.

                                    6. Having heard learned counsel for the parties and

                    taking into consideration the allegations in the FIR, the contents

                    of the injury report and the petitioner not having any criminal

                    antecedent, it is directed that the petitioner, above named, in the

                    event of his arrest or surrender before the learned Court below

                    within a period of four weeks, be released on anticipatory bail in

                    connection with Madhaurah P.S.Case no. 591 of 2025 on

                    furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Chief Judicial Magistrate, Saran at Chapra.



                                                (Partha Sarthy, J)
Bibhash

U     T

Continue reading with your account

Checking your session…