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Patna High Court

Manil Ram @ Munil RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant anticipatory bail to the petitioner, subject to prescribed conditions.

Summary

Manil Ram applied for anticipatory bail after an FIR (Shikarpur PS Case No. 920 of 2025) was lodged against him for offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that six persons attacked an informant, causing a head injury, and that the petitioner was involved in the assault. The petitioner contended that the FIR contained only vague, omnibus allegations and pointed out that a counter‑case had been filed by him in which his mother was assaulted. The State opposed the bail, arguing that the charges were serious. The Court, noting the existence of a counter‑case and the lack of specific particulars in the FIR, granted anticipatory bail subject to a cash bond, sureties and strict conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directed the petitioner to appear before the trial court and prohibited any tampering with witnesses or further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
  • Whether the allegations in the FIR are sufficiently specific to deny anticipatory bail.
  • Whether the existence of a counter‑case filed by the petitioner influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • specific allegations
  • counter case
  • bail conditions
  • Criminal Procedure
  • West Champaran
  • assault
  • threat

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6676 of 2026
                  Arising Out of PS. Case No.-920 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Manil Ram @ Munil Ram S/o Sohan Ram R/o Nankar Motihari, ward no. 15,
                 Rakhani, P.S.- Shikarpur, Distt.- West Champaran
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey
                 For the Opposite Party/s :       Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   04-02-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Shikarpur P.S. Case No. 920 of 2025, F.I.R

                   dated 16.09.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 109, 351(2), 352 & 3(5) of Bharatiya

                   Nyaya Sanhita, 2023.

                               3. According to prosecution case, six accused persons

                   has attacked the informant when he was going to his Ghotha

                   (Cattle Shed) and upon attacked he got injury on his head.

                               4. Learned counsel for the petitioner submits that the

                   allegations against this petitioner is general and omnibus and

                   nothing specific is alleged against this petitioner while there is a

                   counter case, which is said to have been instituted by this

                   petitioner, where the mother of this petitioner is said to have
Patna High Court CR. MISC. No.6676 of 2026(2) dt.04-02-2026
                                            2/3




          sustained injury in which the allegations of threating and assault

          is against the informant and the family members, who are said

          to have entered the house of this petitioner in a drunken state

          and assaulted the informant and his mother with lathi. It is next

          submitted that the injury, which is said to have been caused to

          the informant of the instant case have been found to be simple,

          which have been referred by the petitioner from the impugned

          order.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that there is a case and counter case from both the sides.

          Accordingly, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, 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 A.C.J.M. VI, Bettiah, West

          Champaran in connection with Shikarpur P.S. Case No. 920 of

          2025, subject to the conditions as laid down under Section
           Patna High Court CR. MISC. No.6676 of 2026(2) dt.04-02-2026
                                                       3/3




                     438(2) of the Code of Criminal Procedure / Section 482(2) of

                     the Bhartiya Nagarik Suraksha Sanhita and with other following

                     conditions:-

                                  (i) one of the bailors should be the family

                     member/relative of the petitioner(s) who shall provide official

                     document to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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