Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55798 of 2025 Arising Out of PS. Case No.-1003 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Manish Kumar, Male, aged about 38 years, Son of Jairam Singh, Resident of Village - Hansadish, P.S.- Masaurhi, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramji Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-09-2025 Heard Mr. Ramji Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Masaurhi P.S. Case No. 1003/2024 registered for the offence(s) punishable under Sections 126(2), 115(2), 109, 303(2), 76, 352, 351 and 3(5) of the BNS and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the petitioner had fired to kill the son of the informant but the bullet missed nearby his head. No one was hurt.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case due to land dispute.

Patna High Court CR. MISC. No.55798 of 2025(2) dt.10-09-2025 2/3 Informant and the petitioner are own Gotia and there is case and counter case between the parties. He further submitted that allegation being general and omnibus and in absence of any overt act against the petitioner, the petitioner, who is having clean antecedent, seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, which is general and omnibus and there is case and counter case between the parties, relating to land dispute, I find that the petitioner, who is having clean antecedent, has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi, Patna in connection with Masaurhi P.S. Case No. 1003/2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the

Patna High Court CR. MISC. No.55798 of 2025(2) dt.10-09-2025 3/3 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T