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Patna High Court

Manoj Kumar Singh @ Manoj SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               ======================================================
           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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