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Patna High Court

Manish Kumar @ Jamindra Chandravanshi @ Jamidar ChandravanshiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                       3/3




                     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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