Patna High Court
MANISH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, directing release on bond and sureties subject to conditions under Section 482(2) of the BNSS.
Summary
Manish Kumar and Gaurav Kumar, brothers, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Statutes (BNSS) 2023. They claim they were falsely implicated by a neighbour with whom they have a land dispute, and that the alleged assault with a pistol was not reported under the Arms Act and the injury was minor. The petitioners also highlighted their prior criminal antecedents and alleged that the informant had filed a counter‑case against them. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, directing release if arrested within six weeks.
Issues considered
- Whether anticipatory bail can be granted in the present case despite the serious nature of the offences alleged.
- Whether the allegations of assault with a firearm necessitate registration under the Arms Act for bail considerations.
- Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the land dispute and alleged false implication affect the bail application.
Subjects
- anticipatory bail
- false implication
- land dispute
- criminal procedure
- Section 482
- Bihar
- criminal offences
- FIR
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85733 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
1. MANISH KUMAR Son of Ram Anuj Singh Resident of Village - Mo.
Nagar, Police Station - Samastipur, District - Samastipur
2. Gaurav Kumar Son of Ram Anuj Singh Resident of Village - Mo. Nagar,
Police Station - Samastipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 303(2), 324(4), 324(5), 308(2) and 3(5) of the
BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases and petitioner no. 2
has antecedent of one case and the informant alleges that
Manish and his brother came along with an unknown accused
on 03.05.2025 at 07:30 AM and started demolishing his brick
house and JCB, accordingly informant and his brother Sanjay,
Patna High Court CR. MISC. No.85733 of 2025(2) dt.15-01-2026
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on coming to know that accused have come at the place of
occurrence, went to the place of occurrence and objected, when
Manish assaulted his brother by butt of pistol on neck,
thereafter, assaulted informant by sabal, but he managed to save
himself and snatched chain of his brother.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that petitioners and informant
are neighbours and are having dispute relating to land for which
Title Suit No. 236 of 2014 has been filed and the same is
pending adjudication in the District Court, Samastipur. It is next
submitted that though it is alleged that Manish assaulted the
brother of the informant by butt of pistol causing injury on neck,
but then the FIR has not been instituted under the arms act. It is
also submitted that even presuming what has been alleged is
true without admitting then the injury suffered by the injured
has been opined to be simple in nature. It is reiterated and
submitted that on account of dispute relating to land, an
altercation took place in which both sides assaulted each other
and from side of the petitioners Mohiuddinagar P.S. Case No. 81
of 2025 has been instituted against the informant and his side.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.85733 of 2025(2) dt.15-01-2026
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anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Mohiuddinagar P.S. Case No. 80 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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