Patna High Court
Manoj Kumar Singh @ Manoj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to a bond and conditions under section 482(2) of the BNSS, 2023.
Summary
The petitioners, three residents of Chakbara Bakhari, sought bail in a case registered under multiple sections of the Bharatiya Nagarik Suraksha (BNS) for alleged assault, robbery, and other offences. The FIR alleged that they, armed with lathis and other weapons, attacked an informant and her family, disrobed the informant and stole gold. The petitioners contended that the dispute arose from a passage conflict, resulting in mutual injuries that were simple, and that the remaining allegations were exaggerated; they also highlighted their clean antecedent. The State opposed the bail application. Considering the nature of the injuries, the petitioners' clean record, and other circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the accused under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the alleged offences and the petitioners' clean antecedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- section 482
- clean antecedent
- offence
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.837 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- PIPRA District- East Champaran
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1 . Manoj Kumar Singh @ Manoj Singh S/O Late Satya Narain Singh R/O
Village- Chakbara Bakhari ,P.S- Pipra, District-East Champaran
2. Akhilesh Kumar Singh S/O Ramayodhya Singh R/O Village- Chakbara
Bakhari ,P.S- Pipra, District-East Champaran
3. Abhishek Kumar Singh @ Abhisekh Kumar S/O Ramesh Kumar Singh R/O
Village- Chakbara Bakhari ,P.S- Pipra, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126 ( 2 ),
115 ( 2 ), 109 (1) , 118 , 303 ( 2 ), 324 ( 4 ), 74, 351 ( 2 ), 352,
and 3 (5) of BNS.
3 . As per F.I.R., informant namely, Shail Kunwar
alleged this petitioners along with other co-accused persons
armed with lathi, fatta, khanti came and assaulted informant and
her family members. It is further alleged that accused persons
also indiscriminately fired and threatened informant with dire
consequences. They also disrobed informant and took gold sikri
from her.
Patna High Court CR. MISC. No.837 of 2026(2) dt.21-01-2026
2/2
4. It is submitted on behalf of the petitioners that due
to dispute over passage led to an open fight between the parties
in which both sides sustained injuries. Case and counter case .
Injuries sustained by the injured are simple in nature . Rest of
the allegations are ornamental in nature to make the case grave .
Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the nature of injury , clean antecedent
of these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above , be enlarged 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 Motihari East Champaran in
connection with Pipra P.S. Case No. 330 of 2025 , subject to the
conditions laid down under section 482 ( 2 ) of the Bharatiya
Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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