Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Manish Kumar, a student with a clean record, applied for pre‑arrest bail in connection with Teghra P.S. Case No. 49 of 2025, which alleged he assaulted an informant with an iron rod causing serious injuries and was charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that the injuries were simple, that there was a counter‑case (Case No. 50 of 2025) filed by his mother against the informant, and highlighted his antecedents and familial ties. The State opposed bail, emphasizing the alleged seriousness of the injuries. The Court examined the factual matrix, the nature of the injuries, and the petitioner’s background, and concluded that bail could be granted with conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties, one of whom must be a close family member.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the seriousness of the alleged assault under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s antecedents, the nature of the injuries, and the existence of a counter‑case justify the grant of bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- pre‑arrest bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- injury severity
- student antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85776 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Manish Kumar S/O Ramsundar Mahato Resident of Village- Daniyalpur
Anand Nagar Teghra, Ward No.- 6, P.S- Teghra, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Kumar Singh, Adv.
For the Opposite Party/s : Mr. Surendra Prasad Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 05-01-2026 Heard learned Advocate appearing on behalf of the
petitioner and the learned Additional Public Prosecutor for the
State.
2. The petitioner apprehends his arrest in connection
with Teghra P.S. Case No. 49 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 109, 74,
303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The allegation against the petitioner is of causing
assault to the informant by means of iron rod over the head of
the informant, leading to serious injuries, besides the allegation
against other co-accused persons of causing assault and
snatching the valuables.
4. Learned Advocate appearing on behalf of the
Patna High Court CR. MISC. No.85776 of 2025(2) dt.05-01-2026
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petitioner referring to the FIR contended that besides previous
enmity between the parties, there is a counter version of the
present case being Teghra P.S. Case No. 50 of 2025, instituted
by the mother of the petitioner against the informant and others.
In the said incidence, the petitioner has also sustained injuries,
which have been duly explained in paragraph no. 19 of the bail
application. It is further contended that so far the injury which is
allegedly attributed to the petitioner is concerned, the same has
been found to be simple in nature. To support to the aforesaid
contention, the injury report has been placed on record as
Annexure 3 to the application. Both the parties are agnates and
the petitioner is a student of LLB having fair antecedent,
undertakes before this Court that he will fully cooperate in the
proceeding of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that because of the assault being made by the petitioner, the
informant has sustained serious injury over the vital part of the
body.
6. Having considered the submissions set forth by
learned Advocate for the respective parties and taking note of
the factum of case and counter case, coupled with the simple
Patna High Court CR. MISC. No.85776 of 2025(2) dt.05-01-2026
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nature of injuries, besides the fact the petitioner is a student
having fair antecedent, let the petitioner above named be
released on bail, in the event of his arrest or surrender before the
court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Begusarai in connection with Teghra P.S. Case No.
49 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the
further condition that one of the bailors shall be the own/close
family members of the petitioner.
(Harish Kumar, J)
supratim/-
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