Manoj Kumar Verma @ Manoj Verma @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62862 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- JHAJHA District- Jamui ====================================================== Manoj Kumar Verma @ Manoj Verma @ Manoj Kumar S/o Baidyanath Yadav @ Baidyanath Verma @ Baijnath Prasad Verma R/o Village- Jhajha Bazar, P.S.- Jhajha, District- Jamui, Bihar, Bharat ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pandey For the Opposite Party/s :
Mr. Surendra Kumar- A.P.P.
Mr. Sanju Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2025
1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 109, 303, 3(5) of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that accused persons threw garbage near his shop, on protest, petitioner assaulted him by an iron rod causing injury on head. Thereafter, Sahil assaulted him by hammer on chest, while Narendra took his chain and Rs.32,000/- from the shop.
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4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that informant had purchased a piece of land adjacent to the land of Veena Devi, wife of Narendra and bhabhi of petitioner. Informant while constructing his house on his purchased land encroached part of the land of Veena Devi for which Case No.455M of 2024 was instituted by Veena Devi in the Court of S.D.M. under Section 163 BNSS. Accordingly, an order was passed stopping the construction of the house leading to an altercation in which both sides assaulted each other.
It is next submitted that no doubt petitioner is alleged to have assaulted the informant by an iron rod causing injury on head, but then, a specific statement has been made at Para-10 of the anticipatory bail application that the opinion of doctor regarding injury of informant is reserved, but the injury suffered by the injured does not show any Bony injury which amply demonstrates that petitioner never had any intention of committing a serious occurrence nor the blow was repeated. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory
3/4 bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that on account of dispute relating to land, an altercation had taken place based on which the instant occurrence took place.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jhajha P. S. Case No.243 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
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9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T