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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application is rejected, but regular bail may be considered if the petitioner surrenders within four weeks and files a bail application.

Summary

Manish Kumar applied for anticipatory bail after an FIR (Case No. 364 of 2025) was lodged against him for multiple offences under the Bharatiya Nyaya Sanhita, stemming from a land‑dispute‑related assault on Rajdeo Rai. The prosecution alleged that Kumar inflicted a ‘farsa’ blow, resulting in a lacerated wound on the victim’s frontal bone, and the informant, Anita Devi, also has a criminal antecedent. The coordinate bench produced the case diary and injury report, which corroborated the FIR’s allegations. The court examined the material evidence and the seriousness of the charges, concluding that anticipatory bail could not be granted. However, the court directed that if Kumar surrenders within four weeks and files a regular bail application, the matter should be considered promptly, preferably on the same day.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita.
  • Whether the petitioner may obtain regular bail upon surrender.

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • criminal procedure
  • assault
  • land dispute
  • FIR
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6494 of 2026
                   Arising Out of PS. Case No.-364 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Manish Kumar Son of Jai Lall Rai R/o Village - Bairiya, P.S. - Kesariya,
                 Distt. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Manoj Kumar, Advocate
                 For the State           :        Mr. Jitendra Kumar Singh, APP
                 For the Informant       :        Mr. Shivjee Singh, Advocate
                                         :        Mr. Mukesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   01-04-2026                     Heard Mr. Manoj Kumar, learned counsel for the

                   petitioner and Mr. Shivjee Singh, learned counsel representing

                   the informant beside Mr. Jitendra Kumar Singh, learned APP

                   representing the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Kesariya P.S. Case No. 364 of 2025 registered

                   for the offence punishable under Sections 189(2), 126(2),

                   115(2), 109, 117(2), 118(1), 76, 303(2) and 190 of the Bharatiya

                   Nyaya Sanhita, lodged on 08.08.2025 by the informant Anita

                   Devi.

                                 3. As per the prosecution story, due to land dispute

                   allegation is that twice this petitioner gave ‘farsa’ blow to one

                   Rajdeo Rai, allegation of assault against other is/are also there.
            Patna High Court CR. MISC. No.6494 of 2026(4) dt.01-04-2026
                                                        2/2




                      This led to the F.I.R..

                                   4. In this case, the coordinate Bench had called for the

                      case diary and the injury report which is now available and the

                      allegation in the F.I.R. matches with the injuries inasmuch as

                      lacerated wound has been found on the frontal bone of Rajdeo

                      Rai.

                                   5. Learned counsel for the informant has pointed out

                      that he has criminal antecedent also.

                                   6. Considering the aforesaid facts, it would be

                      appropriate that the petitioner seek bail, the anticipatory bail

                      application stands rejected.

                                   7. However, if the petitioner surrenders within a

                      period of four weeks, files bail application, the court concerned

                      shall consider the matter and dispose it of preferably on the

                      same day.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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