Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Manoj Kumar was arrested in connection with an anti‑public‑servant case (No. 88 of 2025) alleging assault and grievous injuries to an informant's family. The petitioner claimed innocence, arguing that the FIR did not specifically implicate him and that the injury report showed only one head injury, which could have been caused by other accused. He also highlighted his clean criminal record and the existence of a counter‑case between the parties. The State opposed the anticipatory bail application. The Court observed that the FIR lacked a clear allegation against the petitioner and, given his lack of antecedents, found a reasonable doubt about his involvement. Consequently, the Court granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
- Whether the FIR specifically implicates the petitioner in the alleged assault
- Whether the petitioner’s clean criminal record warrants bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
- criminal antecedent
- FIR
- assault
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91935 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- ANTI District- Gaya
======================================================
Manoj Kumar S/O Late Raja Ram Yadav @ Raja Ram R/O Village- Itwan,
P.S- Konch District Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Adv.
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Anti P.S. Case No.88 of 2025 registered for the offence
under Sections 109, 126(2), 115(2), 117(2), 329(3), 352, 351(2),
3(5) of the BNS.
3. Prosecution story in brief is that on 01.08.2025, at
2:30 PM, six persons including the petitioner were forcefully
ploughing the field of informant. In the meanwhile, informant,
his brother Lalendra Kumar and his father intervened to stop
ploughing. Upon which all accused persons started abusing
them. It is further alleged that Sanjay Yadav and Dharmnath
Yadav caught informant and Rohit Kumar @ Baiju assaulted
him with lathi blow causing severe head injury. Manoj Kumar,
Sanjay Yadav and Dhananjay @ Mukhiya assaulted his father
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causing his head injury and got fractured his right hand. It is
further alleged that Dhananjay @ Mukhiya assaulted his brother
also with club causing severe hurt. Thereafter, accused persons
fled away by issuing threatening to kill. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that petitioner has no criminal
antecedent and there is no specific allegation against the
petitioner. Learned counsel for the petitioner also submits that
the injury report only shows one injury on the head. Further
submits that there is case and counter case between the parties
regarding the same occurrence.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact the petitioner has no criminal
antecedent and from the reading of the FIR, it appears that not
only the petitioner, but there were other accused persons who
have been alleged to have assaulted the father of the informant
causing head injury. There is no specific allegation against the
petitioner that he was the only person who had allegedly
assaulted the father of the informant, causing head injury. The
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injury report only shows one injury on the head and therefore, it
is not clear whether it is the petitioner or someone else and
therefore, there is all probability that it may have happened on
account of the assault by the other accused persons and not the
petitioner. This is also a case of counter case between the parties
regarding the same occurrence. Under these circumstances, this
Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned ACJM-IX, Gaya
in connection with Anti P.S. Case No.88 of 2025, subject to the
conditions laid down under Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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