Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the BNS.
Summary
Manish Kumar, the petitioner, feared arrest in a criminal case (PS No. 183 of 2025) alleging offences under several sections of the Bihar Negotiable Statutes (BNS). The prosecution alleged that he assaulted the victim, while the petitioner claimed innocence and that the victim's injuries were minor. The petitioner’s counsel argued that the charges were false and sought bail. The court, after hearing both sides, allowed the bail application. The petitioner was ordered to be released on bail of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNS, and to surrender within four weeks.
Issues considered
- Whether the petitioner is entitled to bail in the pending criminal case under the listed sections of the BNS.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Bihar Negotiable Statutes
- Section 438
- Section 482
- pre‑trial liberty
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60550 of 2025
Arising Out of PS. Case No.-183 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Manish Kumar S/o- Naresh Thakur Resident of village - Pakaridayal (Laxmi
Road) P.S. - Pakaridayal, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Pakhridayal P.S. Case No. 183 of 2025
registered for the offence under Sections 126(2), 115(2), 109(1),
117(2), 118(1), 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the injuries
sustained by the victim is simple in nature.
5. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.60550 of 2025(5) dt.20-02-2026
2/2
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-8, East Champaran,
Motihari/concerned Court below in connection with Pakaridayal
P.S. Case No. 183 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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