Patna High Court
Manoj SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to petitioner 2 subject to bail bond and surety conditions.
Summary
The petitioners, three residents of Dumri Kala, filed an anticipatory bail application in a case registered under multiple sections of the BNS, 2023, alleging assault and related offences. Petitioners 1 and 3 withdrew their applications, while petitioner 2, Jhunu Singh, sought anticipatory bail, claiming a clean antecedent and that the allegations were false and not specific. The State opposed the bail, citing the seriousness of the offences. The court considered the petitioner's clean record and the lack of specificity in the FIR, and ordered that if arrested within six weeks, petitioner 2 be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The anticipatory bail application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to petitioner 2 despite the FIR alleging offences under Sections 191(2), 190, 126(2), 329(4), 333, 115(2), 118(1), 117(2), 303(2), 74, 324(2) and 352 of the BNS, 2023.
- Whether the petitioner's clean antecedent and alleged false implication justify the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- false implication
- clean antecedent
- BNS 2023
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79586 of 2025
Arising Out of PS. Case No.-239 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
1. Manoj Singh S/O Late Devendra Singh Resident of Village- Dumri Kala,
P.S.- Majorganj, Dist- Sitamarhi
2. Jhunu Singh @ Adarsh Raj S/O Birendra Singh Resident of Village- Dumri
Kala, P.S.- Majorganj, Dist- Sitamarhi
3. Sonu Kumar @ Sonu Singh S/O Laxmi Singh @ Bindeshwar Singh
Resident of Village- Dumri Kala, P.S.- Majorganj, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The learned counsel appearing on behalf of the
petitioners, at the outset, seeks permission to withdraw the
anticipatory bail application with respect to petitioner no. 1
(Manoj Singh) and petitioner no. 3 (Sonu Kumar @ Sonu
Singh).
3. Permission is accorded.
4. The petitioner no. 2 apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 329(4), 333, 115(2), 118(1), 117(2), 303(2), 74,
Patna High Court CR. MISC. No.79586 of 2025(2) dt.06-01-2026
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324(2) and 352 of the BNS, 2023.
5. It is next submitted that petitioner no. 2 is a person
with clean antecedent and the informant alleges that accused
persons including the petitioner came to her house by a car and
on orders of Kanhaiya, accused Sonu assaulted her husband by
lathi on head and other parts of the body causing injury on jaw
and swelling on head, further Kanhaiya and Monu assaulted her
father-in-law indiscriminately by lathi causing injury on head
and whole body while Manoj, petitioner and Birendra assaulted
her brother-in-law by lathi causing fracture of left hand and
swelling on hand and legs, further Mira Devi took chain of her
son and Sonu acted inappropriately with her.
6. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that petitioner
along with Manoj and Birendra are alleged to have assaulted the
brother-in-law of the informant causing fracture of left hand and
swelling on hand and leg, but then the allegation of assault is
not specific. It is also submitted that brother-in-law of the
informant suffered grievous injury, but then the same is not on
vital part of the body.
Patna High Court CR. MISC. No.79586 of 2025(2) dt.06-01-2026
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7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
8. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration that
petitioner is a person with clean antecedent, the petitioner no. 2
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Majorganj P.S. Case No. 239 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
9. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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