Patna High Court

Manish Kumar @ Manish Kumar SahniversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: RAMESH CHAND MALVIYA

Holding

The court held that the petitioner is entitled to bail, subject to a bond and sureties, as the allegations do not constitute a serious offence and he has no criminal antecedent.

Summary

The petitioner, Manish Kumar, was arrested in connection with a case (PS No. 123 of 2025) alleging offences under several sections of the B.N.S., including assault on an informant and her family. The petitioner claimed he was falsely implicated, asserting no prior criminal record and that the informant lodged the case out of personal animosity because he married her niece. The State opposed bail, while the petitioner’s counsel argued the injury was simple and the allegations were unsubstantiated. The court examined the facts, noting the petitioner’s clean record and the nature of the alleged injury, and concluded that bail was appropriate. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to bail in the pending criminal case under the B.N.S.
Whether the nature of the alleged offences and the petitioner’s lack of prior record justify granting bail

Legislation cited

B.N.S. — s. 115(2), 118(1), 127(2), 303(2), 324(5), 3(5), 351(2), 352, 76
B.N.S.S. — s. 482(2)

Subjects

bail
criminal procedure
false implication
marriage dispute
B.N.S. sections
Section 482(2)
injury simple nature

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5892 of 2026
                  Arising Out of PS. Case No.-123 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Manish Kumar @ Manish Kumar Sahni S/O Late Deelip Sahni R/O Village-
                 Chainpur Latwasepura, Ward No.-03, P.S- Musrigharari, Distt.- Samastipur.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ankit Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER
2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State

                                2. The petitioner apprehends his arrest in connection

                   with Musarigharari P.S Case No. 123 of 2025 registered for the

                   offences punishable under Sections 127 (2), 115 (2), 118 (1), 76,

                   324 (5), 303 (2), 352, 351 (2), 3(5) of the B.N.S.

                                3. As per the prosecution case, petitioner along with

                   co-accused have assaulted the informant and her family

                   members.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It is next

                   submitted that petitioner has got no criminal antecedent as

                   stated in para 3 of the bail petition. It is further submitted that

                   the petitioner has married the niece of the informant and the

                   couple are living happily but informant was against the marriage

                   and due to this she concocted as story and lodged the present

                   false case.
           Patna High Court CR. MISC. No.5892 of 2026(2) dt.04-02-2026
                                                       2/2




                                  5. Learned counsel for the State opposes the prayer

                     for bail of the petitioner.

                                  6. From perusal of the F.I.R., impugned order and

                     materials available on record it appears that petitioner has

                     married the niece of the informant and the couple are living

                     happily but informant was against the marriage and due to this

                     she concocted as story and lodged the present case. Moreover,

                     petitioner has got no criminal antecedent. Injury of the

                     informant is simple in nature.

                                  7. Considering the aforesaid facts and circumstances

                     of the case, submissions made on behalf of the petitioner, let the

                     above named petitioner be released on bail in the event of his

                     arrest or surrender before the trial court within a period of six

                     weeks from today on furnishing bail bond of Rs. 10,000/- (Ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned CJM, Samastipur in connection with

                     Musarigharari P.S Case No. 123 of 2025 subject to the condition

                     laid down under Section 482(2) of B.N.S.S.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T

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