Patna High Court
Manish Kumar @ Jamindra Chandravanshi @ Jamidar ChandravanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail is not granted to the petitioner.
Summary
Manish Kumar petitioned for anticipatory bail in a criminal case (Suryapura PS Case No. 145 of 2025) alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault, robbery, and outraging modesty. The prosecution alleges that Kumar, along with others, entered the informant's house armed, assaulted family members, stole valuables, and threatened them with a gun. Kumar contended he was falsely implicated as retaliation for an earlier case he filed and asserted his clean antecedents. The State opposed bail, highlighting a direct allegation that Kumar assaulted a person with a sharp object. The Court, after considering the seriousness of the allegations and the specific assault charge, refused to grant anticipatory bail and directed the trial court to expedite the trial without undue delays.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the direct allegation of assault and the nature of the offences charged.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- robbery
- outraging modesty
- common intention
- Bharatiya Nyaya Sanhita
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90158 of 2025
Arising Out of PS. Case No.-145 Year-2025 Thana- SURYAPURA District- Rohtas
======================================================
Manish Kumar @ Jamindra Chandravanshi @ Jamidar Chandravanshi S/O
Tebhu Chandravanshi R/O Village- Dhodhandih, P.S- Suryapura, Distt.-
Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhanshu Kumar, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
For the Informant : Mr. Raghunandan Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Suryapura P.S. Case No. 145 of 2025 registered for the
offences punishable under Sections 191(2), 190, 126(2), 115(2),
118(1), 109, 303(2), 351(2) & 352 of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that on
01.05.2025 at about 10:00 hrs, all the accused persons including
petitioner, armed with iron rods and lathis, forcibly entered the
house of the informant, abused the family, exhorted to kill them,
and brutally assaulted several members causing injuries, besides
Patna High Court CR. MISC. No.90158 of 2025(2) dt.16-01-2026
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committing acts of snatching a gold chain and mobile phone,
outraging the modesty of Asha Devi, threatening the family at
gun point, and thereby jointly participating in the occurrence
with common intention.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
It is submitted that the present one is the counter blast of earlier
case lodged by the petitioner’s side bearing Suryapura PS Case
No. 144 of 2025. Learned counsel submits that petitioner is the
cousin of the informant of the counter case, due to which he is
implicated in the present case. Charge sheet has already been
submitted in this case. Petitioner is a man of clean antecedent.
Other co-accused has been granted bail by this Court vide order
dated 29-08-2025, passed in Cr. Misc. No. 41185 of 2025.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner.
It is submitted that there is direct allegation against the
petitioner that he assaulted one Ravindra Sah by means of sharp
object, hence, he may not be released on anticipatory bail.
6. Considering the rival submissions made by the
learned counsel for the parties and specifically taking into
Patna High Court CR. MISC. No.90158 of 2025(2) dt.16-01-2026
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account the fact that there is direct allegation of assault against
the petitioner, this Court is not inclined to grant anticipatory bail
to the petitioner. Prayer for grant of anticipatory to the petitioner
is hereby rejected.
7. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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