Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30463 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Manish Kumar S/o Late Raj Kumar Sah Resident of Village- Khutauna, P.S.- Khutauna, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No 13, Adv.
For the State :
Mr. Pradeep Narain Kumar, APP.
For the Informant :
Mr. Rajesh Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing for the informant.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 329(3), 126(2), 115(2), 110, 119(1), 324(4), 303(2), 308(3), 352, 351(2), 3(5) of the B.N.S., 2023.
3. The prosecution case in the FIR is that the petitioner along with other accused persons came at the place of occurrence and were causing damage to the buildings and upon protest, they abused one Raj Mistri and were also demanding Rs. 10 lakh from the informant. The further allegation is that they put some paddy bundles in the field of the informant and upon objection raised to the same, they abused and assaulted the son of the informant
Patna High Court CR. MISC. No.30463 of 2025(4) dt.29-05-2025 2/3 Sanjiv Kumar Bharti on his neck.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on account of a dispute between the parties which would be evident from the FIR itself and also Annexure-P/3 which is a civil case filed on behalf of the petitioner. It is further submitted that no recovery of incriminating article has been made from the physical and conscious possession of the petitioner and the socalled injured of the present case, namely, Sanjiv Kumar Bharti has not sustained any injury and the same would also be evident from Annexure-P/2 which shows that there is no external injury on the person. It is next submitted that the petitioner has been languishing in custody since 05.03.2025.
5. Learned APP for the State and learned counsel appearing for the informant, however, opposes the prayer for regular bail, besides others, also on the ground that the petitioner has also been made accused in four other cases. In response to the same, it is submitted on behalf of the petitioner that all these cases have been lodged by the present informant himself and his family members and three of them have been lodged after the institution of the present case. 6.
Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be
Patna High Court CR. MISC. No.30463 of 2025(4) dt.29-05-2025 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees 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 Khutauna P.S. Case No. 169 of 2024.
7. However, the petitioner upon his release from custody would mark his attendance before the Investigating Officer of the concerned Police Station till the submission of charge sheet in case the charge sheet has not submitted as yet and also remain physically present in the court on each and every date during trial till the framing of charge and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (Soni Shrivastava, J) divyanshi/- U T