Dhanesh Kumar @ Dhanesh Kumar Manjhi @ Dhanesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24403 of 2025 Arising Out of PS. Case No.-324 Year-2024 Thana- JAMOBAZAR District- Siwan ====================================================== Dhanesh Kumar @ Dhanesh Kumar Manjhi @ Dhanesh Manjhi Son of Badri Manjhi Resident of Village - Bhopatpur, P.S. - Jamo Bazar, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-05-2025 Heard Mr. Brajesh Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Jamo Bazar P.S. Case No. 324 of 2024 registered for the offence(s) punishable under Sections 126(2), 115(2), 118, 303(2), 109, 329(3), 329(4), 352, 351(2), 3(5) of the B.N.S.
3. As per the allegation made in the FIR, the petitioner, along with other persons entered into a scuffle with the informant and his side, in which specific allegation against the petitioner is that he had assaulted the informant on his head by means farsa.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.24403 of 2025(2) dt.02-05-2025 2/3 petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. It is admitted by both the parties that they entered into a fierce fight, in which the informant sustained injuries, which is simple in nature. Learned counsel further submitted that the petitioner, in his self-defense, may have caused some injury on the person of the informant, without intention. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR, as well as, the admitted fact that both the parties entered into a fierce fight, in which the informant sustained injuries, which is simple in nature, the petitioner may have caused some injuries on the person of the informant, which may be without intention and the petitioner is having clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.24403 of 2025(2) dt.02-05-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Siwan in connection with Jamo Bazar P.S. Case No. 324 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J.) Ashishsingh/- U T