Para @ Santosh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60783 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- GOPALPUR District- Patna ====================================================== 1.
Para @ Santosh S/o Devendra Manjhi R/O - Bhelwara Mushari Near Temple, P.S.- Gopalpur, Dist.- Patna 2.
Sikkim Manjhi @ Tanki @ Raja S/O Arjun Manjhi R/O - Bhelwara Mushari Near Temple, P.S.- Gopalpur, Dist.- Patna 3.
Dina Manjhi S/o Arjun Manjhi R/o - Bhelwara Mushari Near Temple, P.S.- Gopalpur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh No. I, Advocate.
For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Gopalpur P.S. Case No. 117 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 109, 351(3), 352 and 3(5) of the BNS and Section 27 of the Arms Act.
3. As per the allegation made in the F.I.R., all the accused persons including the petitioners, who are named in the F.I.R., assaulted the informant and his friend Prem Kumar with intention to kill them, in which informant and his friend Prem Kumar sustained head injury.
Patna High Court CR. MISC. No.60783 of 2025(2) dt.10-09-2025 2/3
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and the allegation levelled against them is general and omnibus. The specific allegation of assaulting on the head of one Prem Kumar is against co-accused Bhoti Ranjan. So far as allegation of firing is concerned, it is specific against the petitioner Dina Manjhi, however, no one has sustained fire arm injury. No seizure list has been prepared to show that any bullet or empty cartridges were recovered from the spot. On these grounds, learned counsel seeks that the petitioners be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the F.I.R., I find that the specific allegation of assaulting Prem Kumar is against the co-accused Bhoti Ranjan and allegation of assaulting the informant is also falsified as the injury on the person of the informant is not supported by any injury report, the petitioner nos. 1 and 2, namely, Para @ Santosh and Sikkim Manjhi @ Tanki @ Raja are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail
Patna High Court CR. MISC. No.60783 of 2025(2) dt.10-09-2025 3/3 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Gopalpur P.S. Case No. 117 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. So far as petitioner no.3 Dina Manjhi is concerned, considering the specific allegation against him that he has fired upon the informant and other persons, I am not inclined to enlarge the petitioner no.3 Dina Manjhi on pre-arrest bail.
8. The District Court is directed to verify the criminal antecedent of the petitioner nos. 1 and 2 and if it is found that the petitioner nos. 1 and 2 are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T