Manish Yadav @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50192 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- Baijnathpur District- Saharsa ====================================================== Manish Yadav @ Manish Kumar Son of Bhatan Yadav R/O VillageBaijnathpur, P.S.- Baijnathpur, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Binita Kumari, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Baijnathpur P.S. Case No. 145 of 2024 registered for the alleged offences under Sections 126(2), 115(2), 118(1), 303(2), 109, 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the petitioner and other co-accused persons surrounded the informant and started assaulting him. Further allegation is that other co-accused persons demanded extortion money from the informant. When alarm was raised by the informant, the family members of the informant rushed and this petitioner hit the brother of the informant on his head and hands. Other family members of the

Patna High Court CR. MISC. No.50192 of 2025(3) dt.12-11-2025 2/3 informant also received injuries.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner and the informant are agnates and residing at the same place. The quarrel started between the petitioner and the informant due to installation of Solar Plates as the petitioner has also been doing the same work. Co-accused Gopal Yadav, Manish Kumar and Kaushalya Devi have not been sent up for facing trial by the police. This shows the falsity of allegation. There is general and omnibus allegation of assault against a number of persons and the injury and the injuries of the victims are all simple except one caused to Shrishti Kumari. The similarly placed co-accused, Ritesh Kumar, has been granted bail by a Co-ordinate Bench of this Court vide order dated 16.05.2025 passed in Criminal Misc. No. 31601 of 2025. The petitioner is having antecedent of one case and is in custody since 02.03.2025. Charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and further considering the period of

Patna High Court CR. MISC. No.50192 of 2025(3) dt.12-11-2025 3/3 custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in connection with Baijnathpur P.S. Case No. 145 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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