Patna High Court
Manoj Chaudhary @ Manoj SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 480(3) of the B.N.S.S.
Summary
Manoj Chaudhary was arrested in connection with a case alleging assault on the informant's sister and family members, invoking several serious IPC sections. He sought bail, arguing that the FIR contained vague and omnibus allegations, was filed after a two‑day delay, and that there was no specific charge against him. The State opposed bail, but the court noted the petitioner’s clean antecedent, the submission of the charge sheet, and the prolonged custody. Considering the lack of specificity in the allegations and the petitioner’s circumstances, the court ordered his release on bail with a Rs.10,000 bond and conditions under Section 480(3) of the B.N.S.S. The order also required a close relative as a bailor and attendance at all court dates.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 147, 149, 323, 325, 307, 447, 504, 506 and 427 of the IPC.
- Whether the FIR’s vague and omnibus allegations justify denial of bail.
- Whether the petitioner’s clean antecedent and the period of custody warrant bail.
- Application of Section 480(3) of the B.N.S.S. in imposing bail conditions.
Legislation cited
- B.N.S.S. — s. 480
- Indian Penal Code — s. 147, 149, 307, 323, 325, 427, 447, 504, 506
Subjects
- bail
- Indian Penal Code
- vague allegations
- clean antecedent
- Section 480(3) B.N.S.S.
- land dispute
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74937 of 2025
Arising Out of PS. Case No.-113 Year-2022 Thana- MAIN P.S. District- Gaya
======================================================
Manoj Chaudhary @ Manoj Sahni S/o Poona Chaudhary R/o Village - Koeri
Bigha, P.S - Men (Main), District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Men (Main) P.S. Case No. 113 of 2022
registered for the alleged offences under Sections 147, 149,
323, 325, 307, 447, 504, 506, 427 of the Indian Penal Code.
03. As per prosecution case, the petitioner and other
co-accused persons assaulted the sister of the informant and his
family members with lathi and rod causing a number of injuries
to them.
04. Learned counsel for the petitioner submits that the
allegations are general, vague and omnibus and there is no
specific allegation of assault against the petitioner. The FIR has
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been lodged after delay of two days and there is no satisfactory
explanation for the same. The parties are agnates and there is
dispute over demarcation of land. No offence under Section 307
IPC is made out even if the allegations made in the FIR are
believed. Co-accused Ramoti Devi and Meena Devi have been
granted anticipatory bail vide orders dated 25.06.2025 and
05.12.2023 passed in Cr. Misc Nos. 37948 of 2025 and 76479 of
2023, respectively by different Co-ordinate Benches and co-
accused Poona Chaudhary has been granted regular bail vide
order dated 09.09.2025 passed in Cr. Misc. No. 61091 of 2025
by another Co-ordinate Bench. The petitioner in custody since
23.07.2025 and charge sheet has been submitted. The petitioner
is having clean antecedent.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
general, vague and omnibus nature of allegation against the
petitioner and further considering the period of custody of the
petitioner, his clean antecedent and submission of charge sheet,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
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sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-II, Gaya /concerned Court
in connection with Men P.S. Case No. 113 of 2022, subject to
the conditions mentioned in Section 480(3) of B.N.S.S. and also
the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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