Patna High Court
Manoj Kumar Singh @ Manoj Singh @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail as he has made out a prima facie case of self‑defence and the injury is simple.
Summary
Manoj Kumar Singh was arrested in connection with an assault case (Bidupur P.S. Case No. 329/2025) alleging that he attacked an informant and her family with a sickle, causing head injuries. The petitioner claimed he acted in self‑defence during a petty dispute and that the injury was simple, as confirmed by a medical board, and he has a clean antecedent. The State opposed the bail, but the court noted the existence of a case‑and‑counter‑case scenario and the lack of serious injury. Considering these factors, the court found a prima facie case for bail and ordered the petitioner’s release on pre‑arrest bail with a bond and sureties. The order also directed the district court to verify any other criminal antecedents, which could nullify the bail if found.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the alleged assault offences.
Legislation cited
Subjects
- pre‑arrest bail
- self‑defence
- assault
- Criminal Procedure Code
- Section 482
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89842 of 2025
Arising Out of PS. Case No.-329 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Manoj Kumar Singh @ Manoj Singh @ Manoj Kumar S/O Lal Babu Singh
R/O Vill.- Kanchanpur, P.S.- Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-01-2026 Heard Mr. Ravish Mishra, learned counsel appearing
on behalf of the petitioner and Mr. Parmanand Kumar, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bidupur P.S. Case No. 329/2025 registered for the
offence(s) punishable under Sections
115(2),126(2),109,118(1),117(1),74,76,352,351(3),3(5), of the
BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner assaulted the
informant by means of sickle, causing head injury to her. When
family members of the informant came in her rescue, the
accused persons also assaulted them, causing injuries to them.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.89842 of 2025(2) dt.15-01-2026
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petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. He further submitted that
there is case and counter case between the parties and due to a
petty dispute, an altercation took place and both the sides
entered into fierce fight and in the self-defence, petitioner may
have caused some injury on the person of the informant. The
Medical Board was constituted and as per the opinion of the
Medical Board, the injury sustained by the informant is simple
in nature, caused by hard and blunt substance. Petitioner has
clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR and also the fact that there is case and counter
case between the parties and in the self-defence, petitioner may
have caused some injury on the person of the informant without
intention and moreover the doctor has opined that the injury
sustained by the informant is simple in nature, caused by hard
and blunt substance, I am of the opinion that petitioner has,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
Patna High Court CR. MISC. No.89842 of 2025(2) dt.15-01-2026
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released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Vaishali at
Hajipur / Concerned Court in connection with Bidupur P.S. Case
No. 329/2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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