Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the bail application and ordered the release of the petitioners on bail.
Summary
Manoj Kumar and Shambhu Singh were arrested in connection with a complaint (Case No. 127 of 2018) alleging assault under Sections 323 and 354 of the Indian Penal Code arising from a land dispute over water usage for fish hatching. The petitioners claimed they were falsely implicated, that the allegations were vague, and that only one witness had been produced, with the case still at the admission before charge stage. They had been in custody since 11 November 2025 and filed a regular bail application. The State and the complainant opposed the bail, arguing the seriousness of the offences. Considering the nature of the accusation, the stage of the proceedings, and the length of custody, the High Court granted regular bail, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties.
Issues considered
- Whether regular bail should be granted to the accused in a case of assault under Sections 323 and 354 of the IPC pending at the admission before charge stage.
Legislation cited
- Indian Penal Code — s. 323, 354
Subjects
- regular bail
- criminal procedure
- assault
- land dispute
- IPC 323
- IPC 354
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8005 of 2026
Arising Out of PS. Case No.-127 Year-2018 Thana- VAISALI COMPLAINT CASE District-
Vaishali
======================================================
1. Manoj Kumar S/O Late Ram Sumiran Singh Resident of Village- Sarsao,
P.S.- Sarsai and District- Vaishali.
2. Shambhu Singh Son of Late Kedar Singh Resident of Village- Sarsao, P.S.-
Sarsai and District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harshit Griyaghey, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P.
For the Complainant : Mr. Ramji Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioners,
complainant and learned A.P.P. for the State.
2. Petitioners seek regular bail in connection with
Complaint Case No. 127 of 2018 , punishable for the offences
under Sections 323 and 354 of the Indian Penal Code.
3. As per prosecution case, in the background of land
dispute, the petitioners and other co-accused persons assaulted
complainant and her family members, when the complainant
opposed their act of filling water for hatching fish in a ditch
over the land of the complainant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.8005 of 2026(3) dt.27-02-2026
2/2
Petitioners have falsely been implicated in this case due to land
dispute. Allegation of assault is general and omnibus. He further
submits that the case is at the stage of admission before charge
and till date, only one witness has been adduced by the
complainant. Petitioners are in custody since 11.11.2025.
5. However, learned A.P.P. for the State as well as
learned counsel for the complainant vehemently opposed the
bail application.
6. Considering the nature of accusation and period of
custody, the bail application is allowed. The petitioners, above
named, are directed to be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate XIII, Vaishali / concerned Court in
connection with Complaint Case No. 127 of 2018.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…