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Patna High Court

MANOJ KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and verification conditions, finding the alleged injuries to be simple and the FIR possibly retaliatory.

Summary

Manoj Kumar sought anticipatory bail after an FIR (P.S. Case No.27 of 2026) alleged that he assaulted the husband of an informant with a Hasua, causing simple injuries, and also assaulted the informant and was involved in alleged theft. The petitioner contended that the allegations were fabricated and that the FIR was a retaliatory "counter‑blast" to an earlier case (P.S. Case No.18 of 2026) he had filed. The State opposed bail, arguing the assault was real and serious. The court examined the medical report indicating only simple injuries and noted the existence of a prior case suggesting the present FIR might be retaliatory. Relying on Section 482(2) of the Criminal Procedure Code, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and verification of the petitioner’s criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC despite the allegations of assault.
  • Whether the injuries alleged in the FIR constitute a serious offence warranting denial of bail.
  • Whether the FIR is a retaliatory counter‑complaint and thus lacks merit for denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • simple injury
  • counter FIR
  • fabricated allegations
  • assault
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44861 of 2026
                        Arising Out of PS. Case No.-27 Year-2026 Thana- PATEPUR District- Vaishali
                 ======================================================
                 MANOJ KUMAR Son of Shiv Shankar Ray @ Shankar Ray Resident of
                 Village- Bardiha Turki, P.S.- Patepur, District- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nafisu Zzoha, Advocate
                                                   Ms. Shabina Talat, Advocate
                 For the Opposite Party/s :        Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   08-07-2026                   Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing on behalf of the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Patepur P.S. Case No. 27 of 2026 for allegedly having

                   committed offences under Sections 191(2), 190, 126(2), 115(2),

                   303(2), 352, 351(2) and 109 of B.N.S., 2023.

                                 3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to

                   the effect that her husband namely Sanjay Rai had given

                   Rs.1,00,000/- for sand and stones to his co-villager Manoj Rai

                   (petitioner herein). When the husband of the informant went to

                   the house of the petitioner to enquire about the delivery of sand

                   and stone, all the accused persons, including the petitioner,
Patna High Court CR. MISC. No.44861 of 2026(2) dt.08-07-2026
                                            2/4




          armed with lathi, danda and sharp cutting weapon started

          assaulting the husband of the informant. It is alleged that the

          petitioner assaulted the husband of the informant with Hasua on

          his head, due to which blood started oozing out. When the

          informant went to save her husband, the petitioner also assaulted

          her with Hasua on her head, due to which she sustained injuries.

          It has further been alleged that co-accused, Nisha Kumari

          snatched gold chain from the neck of her husband and co-

          accused, Shiv Shankar Rai snatched Rs.40,000/- from the

          pocket of the husband of the informant.

                       4. The learned counsel for the petitioner submits that

          the entire prosecution allegation, levelled in the First

          Information Report, are false and fabricated. He further submits

          that for the same occurrence, the petitioner herein had earlier

          lodged Patepur P.S. Case                No.18 of 2026 under different

          sections of the B.N.S. wherein the informant and others have

          been made accused. The present case is the counter blast of

          Patepur P.S. Case No.18 of 2026. Further some of the co-

          accused have been granted the privilege of anticipatory bail by

          the learned Sessions Judge, Vaishali. He further submits that the

          injuries sustained by the injured have been found to be simple in

          nature.
Patna High Court CR. MISC. No.44861 of 2026(2) dt.08-07-2026
                                            3/4




                       5. Per contra, the learned APP appearing on behalf of

          the State opposes the prayer for grant of anticipatory bail to the

          petitioner and submits that the petitioner had assaulted the

          husband of the informant with Hasua on his head, due to which

          he sustained injuries.

                       6. Having considered the rival submissions and after

          going through the records, it appears that the specific allegation

          against the petitioner is that he assaulted the husband of the

          informant on his head with a Hasua, however the impugned

          order passed by the learned Sessions Judge, Vaishali in A.B.P.

          No.1393/2026 would suggest that the injury of Sanjay Rai

          shows that he had sustained normal injury and so far the

          informant is concerned, the injuries have been found to be

          simple in nature caused by sharp object. Further there is case

          and counter case and the present First Information Report is a

          counter blast of Patepur P.S. Case No.18 of 2026 lodged by the

          petitioner herein.

                       7. Taking into consideration the facts aforesaid, let the

          petitioner, above-named, in the event of his arrest or surrender

          within a period of six weeks, be released on bail 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
               Patna High Court CR. MISC. No.44861 of 2026(2) dt.08-07-2026
                                                           4/4




                         Chief Judicial Magistrate, Vaishali in connection with Patepur

                         P.S. Case No.27 of 2026, subject to the conditions laid down

                         under Section 482(2) of the B.N.S.S with a further condition

                         that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioner and in case at any stage it is found

                         that the petitioner has concealed his criminal antecedent, the

                         court concerned shall take steps for cancellation of his bail

                         bond. However, the acceptance of bail bond in terms of the

                         above-mentioned order shall not be delayed for purpose of or in

                         the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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