Manoj Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42851 of 2026 Arising Out of PS. Case No.-554 Year-2025 Thana- DHANARUA District- Patna ====================================================== 1.

Manoj Malakar, Son of Ram Ishwar Malakar Resident of Village- Pabhera, P.S.- Dhanarua, District- Patna.

2.

Durga Devi Wife of Manoj Malakar Resident of Village- Pabhera, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaustubh Prakash, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 13-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners apprehending their arrest in connection with Dhanarua P.S. Case No. 554 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 190(1), 352 and 3(5) of the BNS, 2023.

3. The allegation against the petitioners in the FIR is that they assaulted the informant on account of some dispute while selling fruits. It is alleged that the petitioners assaulted the informant by means of lathi on his left hand, which caused

Patna High Court CR. MISC. No.42851 of 2026(2) dt.13-07-2026 2/3 injury.

4. Learned counsel for the petitioners, while making his submissions, drawn attention of this Court towards the injury report of Devnarayan Malakar, wherein the nature of injuries has been described as simple in nature. He further submitted that there is a case and counter case between the parties and FIR version is exaggerated. Petitioners have no criminal antecedents.

5. Learned APP for the State opposed the prayer of anticipatory bail vehemently.

6. Considering the rival submission, let the petitioners named above be released on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below, Masaurhi, Patna, where the case is pending in connection with Dhanarua P.S. Case No. 554 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS, with further condition that:- "If the petitioners are found to have committed any such offence again, this order shall become inoperative, and the trial court may, on an appropriate application filed by the appropriate

Patna High Court CR. MISC. No.42851 of 2026(2) dt.13-07-2026 3/3 party, proceed to cancel the bail bond furnished pursuant to this order."

(Ranjan Kumar Jha, J) veena/- U T