Patna High Court
Manjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioners subject to conditions under Section 482(2) of the BNS, 2023.
Summary
Manjeet Kumar and Raju Kumar applied for pre‑arrest bail in connection with PS Basantpur Case No. 171 of 2025, which alleged assault on an informant and his family under several sections of the Bharatiya Nagrik Suraksha Sanhita, 2023, and alleged snatching of valuables. The petitioners contended that the dispute arose from a matrimonial discord, the injuries were simple, and they have a clean antecedent. The State opposed bail, asserting active participation in a brutal assault. The Court examined the nature of the injuries, the petitioners' antecedents, and the circumstances of the altercation, and concluded that bail could be granted. Accordingly, the petitioners were released on bail subject to a bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the BNS, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioners accused of assault and related offences under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- pre‑arrest bail
- bail under Section 482
- Bharatiya Nagrik Suraksha Sanhita
- assault
- simple injuries
- fair antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73456 of 2025
Arising Out of PS. Case No.-171 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
1. Manjeet Kumar S/o Late Sarbhu Prasad R/o village_Lachhuwa Basauli,
PS_Naviganj , District_Siwan
2. Raju Kumar S/o Late Sarbhu Prasad R/o village_Lachhuwa Basauli,
PS_Naviganj , District_Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned Advocate for the petitioners and the
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Basantpur (Lakdi Naviganj) P.S. Case No. 171
of 2025, registered for the offences punishable under Sections
126(2), 115(2), 109(1), 117(2), 303(2), 352, 351(2) and 3(5) of
the BNS, 2023.
3. The allegation against the petitioners is of causing
assault to the informant and his family members along with
other unknown persons by means of stick and wooden planks,
due to which the informant and others have sustained serious
injuries. There is further allegation of snatching of valuables.
4. Learned Advocate for the petitioners submitted that
Patna High Court CR. MISC. No.73456 of 2025(3) dt.11-02-2026
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the petitioners are none else but the brother-in-law of the
informant’s daughter and only on account of some matrimonial
discord, the parties have entered into a free fight, resulting into
some unfortunate injuries. However, the injuries which are
allegedly sustained to the informant and others are concerned,
the same have been found to be simple in nature. To support the
aforesaid contention, attention of this Court has been drawn to
the final injury report. The petitioners are said to be men of fair
antecedent and they undertake that they will fully co-operate in
the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
petitioners have actively participated in the crime and brutally
assaulted the informant and others.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the genesis of the occurrence, coupled with the simple nature of
injuries, besides their fair antecedent, let the petitioners above
named be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) each with
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two sureties of the like amount each to the satisfaction of the
learned A.C.J.M-I, Siwan in connection with Basantpur (Lakdi
Naviganj) P.S. Case No. 171 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close family members of the petitioners.
(Harish Kumar, J)
shivank/-
U T
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