Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 189(2), 190, 303(2), 76
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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