Manu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27735 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- AKILPUR District- Saran ====================================================== 1.
Manu Kumar Son of Sirda Rai 2.
Jitendra Kumar @ Jitendra Rai son of Sirda Rai 3.
Harbansh Rai son of Late Sabhapati Rai 4.
Virda Rai @ Birda Rai son of Late Sabhapati Rai 5.
Ramdhani Rai @ Ramdhani Kumar son of Budhan Rai All resident of Village- Habaspur Dera, PS- Shahpur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Shekhar, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-05-2025
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 308(5), 308(4), 324(4) & (5), 329(3), 352, 351(2) & (3), BNS, 2023 in connection with Akilpur P.S. Case No.71 of 2024.
3. The prosecution case, in short, is that the informant has alleged that on 09.11.2024, Vakil Rai and other accused came armed with weapons and demanded Rs.2,00,000/- from Harivansh Rai for ploughing the field and said that only then would they leave the field. You can uproot whatever you want to
Patna High Court CR. MISC. No.27735 of 2025(2) dt.07-05-2025 2/3 uproot. Meanwhile, Ramdhani Rai hit him on the head with the back part of the spade, Vrinda Rai attacked his brother Deepak Singh with a stick. All of them beat and injured Golu Kumar. Later, Jitendra Kumar and Manish Kumar wrapped a towel around his neck and started pulling him from both sides. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that petitioners are innocent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioners have committed no offence as alleged in the FIR and have clean antecedent. It is next submitted that even presuming what has been alleged is true without admitting then the injuries suffered by the injured is simple in nature and not on vital part as would manifest from Annexure-P/2 to the anticipatory bail application.
5. The learned APP opposes the anticipatory bail application.
6. Considering the fact that all the petitioners have clean antecedent and although they have been alleged to have assaulted the informant, Deepak Singh and Golu Kumar, but the injury report suggests that the injury sustained by the people are simple in nature and not on vital part. Under such circumstances
Patna High Court CR. MISC. No.27735 of 2025(2) dt.07-05-2025 3/3 this Court is inclined to extend the privilege of anticipatory bail to the petitioners.
7. Accordingly, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Saran at Chapra in connection with Akilpur P.S. Case No.71 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J) Prakash Narayan U T