Manish Kumar OjhaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4387 of 2026
                   Arising Out of PS. Case No.-539 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
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                 Manish Kumar Ojha, aged about 25 years, Male, son of Prem Kumar Jha,
                 resident of village- Kohara, PS- Udwant Nagar, Dist- Bhojpur
                                                                            ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Surendra Kumar, APP
                 For the Informant        :      Mr. Nagadeo Chaubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   25-02-2026                  Heard learned counsel for the petitioner; learned

                   Additional Public Prosecutor for the State and learned counsel

                   for the informant, who has appeared suo motu.

                                2. The petitioner seeks bail in connection with

                   Udwant Nagar PS Case No.539 of 2024 dated 07.12.2024,

                   instituted for the offence punishable under Sections 126(2),

                   115(2), 351(2), 35, 329(4), 118(1), 117(2), 303(2), 76, 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that on the alleged

                   date of occurrence when the informant and his family members

                   were preparing for Barat, the petitioner and other accused

                   persons named in the FIR entered into their house and started

                   abusing them. The inmates of the house were beaten with
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          Gandasa causing injuries to Himanshu Ojha on his nose and

          Ajay Kumar Ojha on his head. The wife of the informant was

          also assaulted and she failed down on the ground and got

          disrobed. It is further alleged that Prem Kumar Ojha had taken

          away the golden chain and other ornaments which the

          informant’s wife was wearing.

                       4. Learned counsel for the petitioner submits that

          there is specific allegation against the petitioner is that he

          assaulted Himanshu Ojha by means of Gandasa, however, the

          injury report reveals that one incised wound about 1 cm in

          length just at upper border of nasal bridge with active bleeding

          and tenderness over right side of nasal bridge upper border with

          depression felt over right side of nasal bridge were found caused

          by sharp and pointed object. Nature of the injury was said to be

          grievous. Learned counsel for the petitioner submits that the

          injury report does not support the prosecution case. Mode of

          injury is mentioned as sharp and pointed object, whereas,

          Gandasa, though is a sharp weapon, but not a pointed weapon.

          There is case and counter case between the parties. Counter case

          has been lodged by the mother of the petitioner against the

          informant and his family members. Lastly, it is submitted that

          the petitioner is in custody since 24.11.2025 having no criminal
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                      antecedents.

                                   5. Learned APP as well as learned counsel for the

                      informant has opposed the prayer for bail. Learned counsel for

                      the informant submits that due to assault made by the petitioner,

                      the injured has sustained grievous injury.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the petitioner be released on bail upon furnishing bail bonds of

                      Rs. 10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of the Chief Judicial Magistrate, Bhojpur

                      at Ara, in Udwant Nagar PS Case No.539 of 2024.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T