Sunil Kumar @ Sunil Kumar Manjhli @ Jogi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10223 of 2025 Arising Out of PS. Case No.-546 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== Sunil Kumar @ Sunil Kumar Manjhli @ Jogi, S/o Sawaliya Manjhi, R/o Mohalla-Purvi Dahiyawan P.S. Chapra Town, District- Saran at Chapra. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vijay Kumar, Advocate For the State :
Mr. Upendra Kumar,APP For the Informant :
Mr. Akhileshwar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Chapra Town P.S. Case No. 546 of 2024, dated 09.09.2024 registered for the offences punishable under Sections 126(2), 115(2), 125(a), 125(b), 109, 352, 351(2) and 3(5) of the BNS Act, 2023.
3. As per allegation, the motorcycle of the informant was dashed by e-rickshaw, on which altercation took place between the informant and petitioner. It is alleged that the petitioner assaulted the informant by iron rod on his head.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.10223 of 2025(2) dt.07-03-2025 2/3 case. He further submits that as a matter of fact, due to collision of the motorcycle of the petitioner and the e-rickshaw of the informant, altercation took place and both the sides assaulted each other and both the sides sustained injuries, which is simple in nature.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, particularly nature of the injury and case and counter case, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra, in connection with Chapra Town P.S. Case No. 546 of 2024, subject to the conditions as laid down
Patna High Court CR. MISC. No.10223 of 2025(2) dt.07-03-2025 3/3 under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T