Patna High Court
Manil Ram @ Munil RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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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