Patna High Court
Veer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting bail subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Veer Kumar and Bala Ji, applied for anticipatory bail fearing arrest in a case alleging offences under several sections of the Bihar Negotiable Sale Act, 2023, including unlawful assembly and assault on police. They contended that they were falsely implicated due to prior excise cases and were not present at the alleged incident, asserting that the police had acted inappropriately towards their family members. The State opposed the bail, arguing the seriousness of the alleged offences. The High Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the BNSS. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the serious nature of the alleged offences.
- Whether the allegations against the petitioners are false and stem from prior excise cases.
Subjects
- anticipatory bail
- false implication
- excise cases
- unlawful assembly
- assault on police
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85818 of 2025
Arising Out of PS. Case No.-510 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Veer Kumar S/O Ram Naresh Manjhi @ Naresh Manjhi R/O Village- Lutan
Bigha (Mocharim), P.S- Bodh Gaya, Distt.- Gaya (Bihar).
2. Bala Ji @ Abhimanyu @ Veer Abhimanyu Kumar S/O Ram Naresh Manjhi
@ Naresh Manjhi R/O Village- Lutan Bigha (Mocharim), P.S- Bodh Gaya,
Distt.- Gaya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
Mr. Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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), 121(1), 121(2), 132, 109, 352 and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and petitioner no. 2
has antecedent of two cases under the excise act and the
informant alleges that house of petitioners was raised who are
accused in connection with Bodh Gaya P.S. Case No. 466 of
2025 and petitioner no. 2 was arrested when accused persons
Patna High Court CR. MISC. No.85818 of 2025(2) dt.02-02-2026
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including the petitioner no. 1 formed an unlawful assembly and
assaulted the police force and freed petitioner no. 2 and Amar
assaulted constable Hareram by lathi causing injury on finger
and Abhijeet assaulted S.I. Sunil by fist causing injury on lips,
further S.I. Laltun also got injured in the occurrence.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant since they were involved earlier in cases relating
to excise. It is also submitted that even petitioners were not
present at the place of occurrence and when the police force
reached, the force started acting inappropriately with the family
members of the petitioners on account of which an altercation
took place. It is also submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that specific
allegation of assaulting the police personnel is against Amar and
Abhijeet, but then they also came to be implicated only with a
view to coerce the petitioners into submission. It is also
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically without
holding a proper investigation. It is also submitted that Rajmanti
Kumari got privilege of anticipatory bail by an order dated
27.11.2025 in Criminal Miscellaneous No. 76783 of 2025.
Patna High Court CR. MISC. No.85818 of 2025(2) dt.02-02-2026
3/3
5. Learned A.P.P. for the State opposes the prayer for
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 Bodh
Gaya P.S. Case No. 510 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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