Patna High Court

Manoj Kumar Sah @ Manoj SahversusThe State of Bihar

Decided: 27 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Manoj Kumar Sah, sought regular bail in a case registered under sections 126(2), 115(2), 109, 75, 303(2) and 3(5) of the Bihar Penal Code, alleging assault on an informant, his family and misbehaviour with a minor. The prosecution claimed the petitioner assaulted the informant, his son, wife and minor daughter, and that a co‑accused stole a valuable locket. The petitioner contended he was falsely implicated, highlighted a delay of three days in filing the FIR, and presented a counter‑case alleging he was also assaulted, noting that both parties sustained injuries and he had no prior criminal record. The informant opposed bail, asserting the petitioner had severed the victim’s finger. Considering the mutual injuries, FIR delay, and lack of antecedents, the court decided to grant regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted despite the seriousness of the offences alleged under the Bihar Penal Code.
Whether the delay in lodging the FIR and the existence of a counter‑case affect the bail decision.
Whether the petitioner’s lack of prior criminal antecedents warrants bail.

Subjects

bail
criminal procedure
FIR delay
counter case
assault
Bihar Penal Code
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89513 of 2025
                   Arising Out of PS. Case No.-255 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Manoj Kumar Sah @ Manoj Sah Son of Ramvilash Sah @ Ram Bilash Sah
                 Resident of village - Govindpur Khajuri , Police Station - Kalyanpur , District
                 - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mahendra Pratap, Advocate
                 For the Opposite Party/s :      Mr.Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   27-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126 (2),

                   115 (2), 109, 75, 303 (2) and 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner has assaulted the informant, his son and his wife. It is

                   further alleged that the petitioner misbehaved with the minor

                   daughter of the informant. It is also alleged that co-accused,

                   namely, Vikash Kumar took away a ‘locket’ worth Rs. 40,000/-.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.89513 of 2025(2) dt.27-01-2026
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          alleged occurrence took place on 16.07.2025 whereas the FIR

          has been lodged on 19.07.2025. The reason stated for the delay

          in lodging the First Information Report ( FIR) is that the

          informant was threatened and were busy with medical

          treatment. It is further submitted that there is also a counter

          version of this case which is filed by the wife of this petitioner

          wherein it is alleged that                she was being assaulted by

          Dharmendra Sha, Dilip Sha, Yogeshwar Sha and Anant Kumar

          Sha on her head. It is further submitted that there was free fight

          between both the parties and that injuries were sustained on both

          sides.     Moreover, the petitioner is languishing in judicial

          custody since 23.10.2025 having no criminal antecedent.

                       5. Learned counsel for the informant opposed the

          prayer of regular bail stating that the petitioner had cut off the

          finger of the victim.

                       6. Considering the fact that there is case and counter

          case between the parties, there is delay of lodging the FIR and

          both the sides received injuries, this court is inclined to enlarge

          the petitioner on bail. The above named petitioner is directed to

          be released on bail in connection with Kalyanpur P.S. Case No.

          255 of 2025 on furnishing bail bond of Rs.10,000/- (ten

          thousand) with two sureties of the like amount each to the
            Patna High Court CR. MISC. No.89513 of 2025(2) dt.27-01-2026
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                      satisfaction of learned Chief Judicial Magistrate, Samastipur.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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Mahendra Pratap