Patna High Court
Manish Kumar Singh @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions, exercising its inherent powers under Section 482 of the B.N.S.S.
Summary
The petitioners, a group of villagers from Mithauli, sought anticipatory bail fearing arrest in a criminal case (Rahika P.S. Case No. 161 of 2025) alleging offences under multiple sections of the B.N.S.S. The prosecution alleged that the petitioners participated in a mob assault on the informant's son on 25 June 2025, causing injuries. The petitioners contended they were falsely implicated due to village politics and that the FIR was lodged ten days after the incident without justification. The State opposed bail, arguing the seriousness of the offences. The Court, noting the lack of specific allegations against each petitioner and the possibility of political motivation, exercised its inherent powers under Section 482 of the B.N.S.S. and granted anticipatory bail subject to bond and surety conditions. The order directs release upon arrest or surrender within four weeks, with one bailor required to be a close relative.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the B.N.S.S. despite the serious nature of the alleged offences.
- Whether the FIR contains specific allegations sufficient to deny bail to the petitioners.
- Whether the delay in filing the FIR and alleged political motives affect the grant of bail.
Legislation cited
- B.N.S.S. — s. 109, 115(2), 118(1), 126(2), 333, 3(5), 351(2), 352, 482, 74
Subjects
- anticipatory bail
- Section 482
- B.N.S.S.
- criminal procedure
- false implication
- village politics
- mob assault
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6037 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- RAHIKA District- Madhubani
======================================================
1. Manish Kumar Singh @ Manish Kumar Son of Kailash Singh All Resident
of Village - Mithauli, P.S. - Rahika, District - Madhubani.
2. Mala Devi @ Nirmala Devi W/o Late Rajendra Singh All Resident of
Village - Mithauli, P.S. - Rahika, District - Madhubani.
3. Kundan Kumar Singh Son of Devendra Singh All Resident of Village -
Mithauli, P.S. - Rahika, District - Madhubani.
4. Pankaj Kumar Singh @ Pankaj Singh Son of Birendra Singh All Resident of
Village - Mithauli, P.S. - Rahika, District - Madhubani.
5. Devendra Singh Son of Late Ramdihal Singh All Resident of Village -
Mithauli, P.S. - Rahika, District - Madhubani.
6. Nandan Kumar Singh @ Nand Kumar Singh @ Chhotu Son of Balram
Singh @ Devendra Singh All Resident of Village - Mithauli, P.S. - Rahika,
District - Madhubani.
7. Moksh Kumar Singh @ Golu Son of Balram Singh All Resident of Village -
Mithauli, P.S. - Rahika, District - Madhubani.
8. Dheeraj Kumar Singh @ Chhotu Singh Son of Kapileshwar Singh All
Resident of Village - Mithauli, P.S. - Rahika, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv.
Mr. Prabhakar Thakur, Adv.
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
For the informant : Mr. Baidyanath Thakur, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Rahika P.S. Case No. 161 of 2025 for the
offence under Sections 333, 126(2), 115(2), 118(1), 109, 74,
352, 351(2) and 3(5) of the BNS.
Patna High Court CR. MISC. No.6037 of 2026(2) dt.04-02-2026
2/3
3. As per the prosecution story, the informant has
alleged that on 25.06.2025, between 7:00 and 8:00 PM, her son
Amit Kumar Singh, a clerk in Madhubani Court, was returning
home on his motorcycle all the F.I.R. named accused persons,
namely Dheeraj Kumar Singh @ Chhote Singh, Pankaj Kumar
Singh, Nandan Kumar Singh, Kundan Kumar Singh, Chandan
Kumar Singh, Moksh Kumar Singh @ Golu, Manish Kumar
Singh, Devendra Singh, Laxman Singh, Mala Devi, along with
10 unknown persons ambushed him. They verbally abused him
and assaulted him with sticks and iron rods. During the attack,
Dheeraj Kumar Singh (petitioner no. 8) struck her son by means
of iron rod, breaking his left hand. When she and her husband
Rajesh Kumar Singh tried to rescue him, Pankaj Kumar Singh
(petitioner no. 4) pulled her hair and assaulted, while Nandan
Kumar Singh (petitioner no. 6) assaulted her husband, causing
injuries.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case due to ulterior motive and due to dirty village politics.
There is no specific allegation levelled against the petitioners.
The incident took place on 27.06.2025 and the F.I.R. has been
lodged on 05.07.2025 without giving any reason of delay of 10
Patna High Court CR. MISC. No.6037 of 2026(2) dt.04-02-2026
3/3
days. The same has been lodged afterthought to drag the
petitioners in a criminal case. Learned counsel further submits
that the present case is counterblast of Rahika P.S. Case No. 156
of 2025 lodged by the petitioner no. 2 against the informant.
From perusal of F.I.R., it clearly transpires that there is general
and omnibus allegation the petitioners.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
date of receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate, I, Madhubani, in connection with Rahika P.S. Case
No. 161 of 2025 subject to the conditions as laid down under
Section 482 of B.N.S.S., as also with the condition that o ne of
the bailors should be close relative of the petitioners.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
Checking your session…