Manorath Kumar @ Manorth Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49311 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- Baijnathpur District- Saharsa ====================================================== Manorath Kumar @ Manorth Kumar S/o Late Ram Pravesh Ray R/o VillageIthara, Ward NO 8, PS- Baijnathpur, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2025 Heard Mr. Rakesh Singh, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Baijnathpur P.S. Case No. 08 of 2025 instituted for the offence under Sections 109, 191(1), 191(2), 190, 126(2), 115(2), 118(1), 76, 303(2), 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is that on 20.01.2025 at 9 AM, ten accused persons including the petitioner allegedly attacked the informant at her residence, abused and assaulted her, and looted valuables including jewellery and cash. The informant's husband was also beaten and robbed. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.49311 of 2025(2) dt.31-07-2025 2/3 that the petitioner is in custody since 28-05-2025. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. As per FIR, petitioner and other co-accused allegedly assaulted husband of the informant by means of fist, slaps and legs. There is general and omnibus allegation attributed to the petitioner. There is land dispute between the parties over a passage of their house. It is pertinently submitted that for the same occurrence, accused, Sanjana Devi has lodged Baijnathpur PS Case No. 11 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of accusation alleged against the petitioner and there being case and counter case between the parties, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.49311 of 2025(2) dt.31-07-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Baijnathpur P.S. Case No. 08 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T