Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61490 of 2025 Arising Out of PS. Case No.-242 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== 1.
Manish Kumar Son of Late Rahesh Yadav Resident of Village- Chunupur (Chunukpur), Bandhuganj, Ps- Ghoshi, Dist- Jehanabad 2.
Dhiraj Kumar @ Dhiraj Yadav son of Late Rahesh yadav Resident of Village- Chunupur (Chunukpur), Bandhuganj, Ps- Ghoshi, Dist- Jehanabad 3.
Lallu Kumar @ Lalu Yadav son of Late Rahesh Yadav Resident of VillageChunupur (Chunukpur), Bandhuganj, Ps- Ghoshi, Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. A prayer for bail has been made on behalf of the petitioners in connection with Ghosi P.S. Case no.242 of 2024 registered under sections 147, 148, 149, 341, 323, 307, 448, 379, 354 and 509 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the allegation in the FIR is that as many as 21 accused persons came variously armed to the house of the informant and indulged in abuses and assault upon the informant and his family members causing injuries to
Patna High Court CR. MISC. No.61490 of 2025(4) dt.15-11-2025 2/3 them.
4. Learned counsel for the petitioners at the outset submits that the present FIR has been lodged after an inordinate and unexplained delay of about a month in as much as the alleged occurrence took place on 11.04.2024 while the FIR was registered on 15.05.2024. He further submits that on account of the same incident, a case has been filed from the petitioners' side under Section 302 of the IPC for the murder of Rahesh Yadav, the uncle of the petitioners, which was lodged on the same day, i.e., on 11.04.2024. It is thus submitted that the present case is nothing but a counter blast of the case filed on behalf of the petitioners in order to save their skin. It is further submitted that so far as petitioner nos. 2 and 3 are concerned, there is no allegation of any overt act, however, petitioner no.
1 has been attributed an act of assault, but there is no injury report on record to substantiate the same and it would be evident from the order of the learned Sessions judge that the injury report of the informant is still awaited. The petitioners are in custody since 16.06.2025 and they undertake to co-operate in the case/trial.
5. The application for bail is opposed by learned A.P.P. for the State.
Patna High Court CR. MISC. No.61490 of 2025(4) dt.15-11-2025 3/3
6. Taking into consideration the above mentioned facts of the case and also considering the fact that general and omnibus nature of allegation against all the accused including the petitioners coupled with the fact that there is inordinate delay in lodging of F.I.R, the petitioners are directed to be enlarged on bail in connection with Ghosi P.S. Case no.242 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/Successor Court.
(Soni Shrivastava, J) Harsh/- U T