Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29952 of 2026 Arising Out of PS. Case No.-49 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Manish Kumar Son of Subodh Mahto, Resident of Village- Maheshpur, PSPiri Bazaar, District -Lakhisarai. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Piri Bazaar P.S. Case No. 49 of 2019, dated 20.04.2019, registered for the offences punishable under Sections of the Indian Penal Code.

3. As per prosecution case, petitioner and other coaccused persons surrounded the informant and this petitioner fired upon the informant and the shot scratched over the right ear of the informant. Other co-accused also fired upon the informant, but the shot missed him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel further submits that parties are covillagers and there is previous enmity between them due to

Patna High Court CR. MISC. No.29952 of 2026(2) dt.06-05-2026 2/3 Panchayat elections as petitioner is the nephew of the then Mukhiya of the said Panchayat. Learned counsel next submits that the petitioner did not fire any shot upon the informant. After due investigation and on the basis of mobile location, the Police did not find the case true against the petitioner and submitted the final form 28.07.2022 in favour of the petitioner. However, the learned trial Court differing from the Police report, took cognizance against all the co-accused persons including this petitioner vide its order dated 09.07.2024 and non-bailable warrant was also issued against the petitioner. Learned counsel further submits that petitioner is having antecedent of two cases and one of the cases is lodged in the year 2002 and the other in the year 2019.

5. Learned APP opposes the submissions made on behalf of the petitioner and submits that there is specific allegation against the petitioner that he fired upon the informant and injury report shows a lacerated wound on the right side of the head over right year and tattooing was also found and gun powder was also found on the right side of face. Learned counsel further submits that petitioner is having antecedent of similar nature.

6. Having regard to the specific allegation of

Patna High Court CR. MISC. No.29952 of 2026(2) dt.06-05-2026 3/3 opening fire levelled against the petitioner and also considering his criminal antecedent, I am not inclined to enlarge the petitioner on bail.

7. Accordingly, the anticipatory bail application of the petitioner stands rejected.

(Arun Kumar Jha, J) Shahnawaz/- U T