Manoj Mandal @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2365 of 2026 Arising Out of PS. Case No.-82 Year-2025 Thana- BUDHUCHAK District- Bhagalpur ====================================================== Manoj Mandal @ Manoj Kumar, S/o Late Siyaram Mandal R/o Village - Budhuchak, P.S - Budhuchak, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Budhuchak P.S. Case No. 82 of 2025 registered for the offences under Sections 191(2), 190, 126(2), 115(2), 74, 109, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is to the effect that the informant has alleged that the named accused persons, including the petitioner, had assaulted the wife of the informant and the daughter of the informant and caused grievous injuries.
4. Learned counsel for the petitioner submits that the
2/4 petitioner has falsely been implicated in this case and in fact it is the petitioner who had suffered fracture on his hand on account of the assault made by the informant's side, for which one counter case was also lodged bearing Budhuchak P.S. Case No.86 of 2025. It has further been submitted that it was on account of partition of land, that two brothers are fighting among themselves and an exaggerated story has been concocted to lodge the present case, however, it was the petitioner who had in fact been admitted in the government hospital and was subsequently discharged after 15 days. It has next been submitted that there is no injury report of the wife of the informant on record, while the injury of Kajal Kumari is said to be simple in nature. It has lastly been submitted that the petitioner has two criminal cases against his name, however, he is on bail in the said cases. It has also been submitted that both the said cases have been lodged by the same informant as of the present case.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the
3/4 event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Budhuchak P.S. Case No. 82 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
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7. Accordingly, the prayer for anticipatory bail is allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T