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Patna High Court

Manoj Kewat @ Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S.S.

Summary

Manoj Kewat, a resident of Village Puraina, was implicated in a case registered under Sections 126(2), 115(2), 117(2), 110, 352 and 351(2) of the B.N.S., 2023 for allegedly assaulting his step‑sister and her brother with a lathi, causing head injury and a fractured hand. The petitioner contended that he has a clean record and that the allegations are false, asserting that the injury report of the brother does not exist and the report for the step‑sister shows no fracture. He applied for anticipatory bail, assuring the court that he would not abscond and would cooperate with the investigation. The State opposed the bail but could not refute the petitioner’s claim regarding the missing injury report. 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 B.N.S.S., directing release if arrested within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the allegations constitute a cognizable offence warranting denial of bail.
  • Whether the petitioner is likely to abscond or tamper with evidence.

Legislation cited

  • B.N.S. — s. 110, 115(2), 117(2), 126(2), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • assault
  • false implication
  • property partition dispute
  • Section 482
  • bail conditions
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86191 of 2025
                      Arising Out of PS. Case No.-115 Year-2025 Thana- KORMA District- Sheikhpura
                 ======================================================
                 Manoj Kewat @ Manoj Kumar Son of Late Shaligram Kewat Resident of
                 Village - Puraina, Police Station - Korma, District - Sheikhpura.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Adv.
                 For the Opposite Party/s :       Ms. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 117(2), 110, 352, 351(2) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that two years after the death of her father in a road

                   accident, her step brother (petitioner) assaulted her for partition,

                   for which, she filed an informatory petition in the Court on

                   22.05.2025, further on 15.09.2025 the petitioner again started

                   abusing and assaulted the informant and her brother by lathi

                   causing injury on head and fracture of hand and the injured were

                   taken to the hospital for treatment.
Patna High Court CR. MISC. No.86191 of 2025(4) dt.23-02-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant who is his step sister. It is next submitted that

          informant with a view to coerce the petitioner into submission

          so that he does not seek partition of the property has falsely

          implicated him in the instant case. It is next submitted that

          though it is alleged that petitioner assaulted the informant and

          her own brother by lathi causing injury on head and fracture of

          hand but then injury of Kundan i.e. own brother of the

          informant is not on record and the injury with regard to the

          informant, the injury report records that no fracture seen.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner but then is not in a position to

          rebut the submission of the learned counsel appearing on behalf

          of the petitioner that injury report of Kundan is not on record

          and the injury report of the informant records that no fracture

          seen. At this stage, learned counsel for the petitioner submits

          that petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                       6. After hearing the learned counsel for the parties, the

          petitioner above-named, in the event of his arrest or surrender

          within a period of six weeks from today, be released on
             Patna High Court CR. MISC. No.86191 of 2025(4) dt.23-02-2026
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                       anticipatory bail on furnishing bail bonds of Rs.10,000/-

                       (Rupees Ten Thousand) 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 Korma P.S. Case

                       No.115/2025, subject to the conditions as laid down under

                       Section 482(2) B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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