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Patna High Court

Manoj Dom @ Manoj Ram@ ManojversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is granted anticipatory bail subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.

Summary

Manoj Dom was accused in a robbery and assault case (PS Dinara Case No. 360 of 2024) involving alleged entry into an informant's house, theft of cash and articles, and assault with an iron rod. The petitioner claimed innocence, asserting false implication and familial relationship with the informant. The State opposed his bail application. The court considered the nature of the alleged offences and the petitioner's claim, and ordered that if arrested or surrendered within four weeks, he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The order effectively grants anticipatory bail with stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • robbery
  • assault
  • bail bond
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51674 of 2025
                        Arising Out of PS. Case No.-360 Year-2024 Thana- DINARA District- Rohtas
                 ======================================================
                 Manoj Dom @ Manoj Ram@ Manoj S/o Late Bhikhar Dom R/o Village-
                 Near Dinara, Govt Hospital on side Canal, PS- Dinara, Dist- Rohtas
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Babu Nandan Prasad
                 For the Opposite Party/s :        Mr.Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   11-02-2026                  Heard learned counsel for the petitioner as well as the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection with

                   Dinara P.S. Case No. 360 of 2024, registered for the offences

                   punishable under Sections 191(2), 190, 324(2), 126(2), 115(2),

                   303(2), 352, 351(2) of the BNS.

                                3. The allegation against the petitioner is that on

                   17.08.2024 at about 07:00 P.M., he along with other co-accused

                   persons forcibly entered the house of the informant, committed

                   robbery of cash and household articles and assaulted her on the head

                   with an iron rod, causing injury and thereafter fled away after

                   threatening the informant.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in this

                   case. He has further submitted that both the parties are agnates. The
           Patna High Court CR. MISC. No.51674 of 2025(4) dt.11-02-2026
                                                       2/2




                     injuries are simple in nature, according to paragraph no. 35 of the

                     case diary.

                                   5. On the other hand, learned APP for the State has

                     opposed the prayer for bail.

                                   6.   Considering       the    above-mentioned   facts   and

                     circumstances, let the petitioner, in the event of his arrest or

                     surrender within four weeks before the learned court below, be

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

                     (Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of learned J.M.-Ist Class, Bikramganj, Rohtas in

                     connection with Dinara P.S. Case No. 360 of 2024, subject to the

                     conditions as laid down under Section 438(2) of the CrPC/482(2) of

                     the BNSS, 2023.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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