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Patna High CourtCR. MISC./44215/2026bail granted

Manoj Malakar @ Manish Malakar @ Manish Kumar v. The State Of Bihar

2026-07-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44215 of 2026 Arising Out of PS. Case No.-368 Year-2025 Thana- NAUGACHIA District- Bhagalpur ====================================================== Manoj Malakar @ Manish Malakar @ Manish Kumar S/O Late Harnath Malakar @ Late Harinath Prasad R/O Village- Nagrah, P.S.- Naugachia, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Saurabh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 191(2), 126(2), 115(2), 117(2), 76, 109(1), 303(2), 352, 351(2) and 329(4) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, it is alleged that this petitioner, along with other F.I.R. named accused persons, assaulted husband and nephew of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation of assault is general and omnibus and there is no specific allegation of overt act against petitioner. Injuries sustained by the injured are simple in nature. Similarly situated co-accused,

Patna High Court CR. MISC. No.44215 of 2026(2) dt.21-07-2026 2/2 namely, Aman Kumar Raj has already been granted anticipatory bail by this Court vide order dated 22.04.2026 passed in Cr. Misc. No. 18005 of 2026. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, injury, clean antecedent and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Naugachia, Bhagalpur in connection with Naugachia P. S. Case No. 368 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T