Manish Kumar Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9710 of 2025 Arising Out of PS. Case No.-539 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Manish Kumar Ojha S/O Prem Kumar Ojha Resident of village- Kohara, P.S.- Udwantnagar, Distt.- Bhojpur 2.
Manjit Ojha @ Manjit Kumar Ojha S/O Prem Kumar Ojha Resident of village- Kohara, P.S.- Udwantnagar, Distt.- Bhojpur 3.
Prem Kumar Ojha @ Prem Ojha S/O Late Baliram Ojha Resident of villageKohara, P.S.- Udwantnagar, Distt.- Bhojpur 4.
Sunaina Devi @ Sunaina Dev W/O Prem Ojha @ Prem Kumar Ojha Resident of village- Kohara, P.S.- Udwantnagar, Distt.- Bhojpur 5.
Kiran Devi W/O Rajiv Tiwari Resident of village- Bhatkhaulia (Kohara), P.S.- Udwantnagar, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Adv.
For the State :
Mr.Rabindra Kumar, APP For the Informant :
Mr.Nagadeo Choubey, Adv.
Mr.Amaresh Kumar Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-09-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Udwantnagar P.S. Case No. 539 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 351(2), 352, 329(4), 118(1), 117(2), 303(2), 76, 3(5) BNS Act.
3. The prayer for anticipatory bail application of petitioner no. 3 has already been withdrawn vide order dated
Patna High Court CR. MISC. No.9710 of 2025(4) dt.16-09-2025 2/3 06.03.2025 and today, the learned counsel for the petitioner seeks permission to withdraw the bail petition in respect of petitioner no. 1.
4. Permission is granted. Accordingly, the anticipatory bail petition in respect of petitioner no. 1 is dismissed as withdrawn.
5. As per prosecution case, on 07.12.2024 at about 10:00 AM, while the informant and his family members were preparing to attend a wedding ceremony, the petitioners entered their house and started abusing them. The family members of the informant were beaten with an iron gadashi, resulting in injuries to Himanshu Ojha on his nose and to Ajay Kumar Ojha on his head. The informant's wife was also assaulted with a basakhi, due to which she fell down.
6. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The injured Ajay Kumar Ojha has suffered simple injuries, which is attributed against petitioner no. 2. Petitioner nos. 4 and 5 are ladies of clean antecedent and there is no specific allegation against them.
7. On the other hand, the learned APP for the State and the learned counsel for the informant have opposed the
Patna High Court CR. MISC. No.9710 of 2025(4) dt.16-09-2025 3/3 prayer for bail by submitting that Himanshu Ojha has suffered grievous injuries, which is attributed against petitioner no. 1.
8. The injured Ajay Kumar Ojha has suffered simple injuries, which is attributed against petitioner no. 2. Petitioner nos. 4 and 5 are ladies of clean antecedent
9. Considering the above-mentioned facts and circumstances, let the petitioner nos. 2, 4 and 5, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 539 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) kundan/- U T