Manoj Yadav @ Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68128 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- KALUAHI District- Madhubani ====================================================== Manoj Yadav @ Manoj Kumar Yadav S/o Ganga Yadav R/o Village - Balua Tole, P.S - Kaluahi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate Ms. Archna Anand, Advocate Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. Earlier, anticipatory bail of the petitioner was rejected by this Court vide order dated 27.06.2025 passed in Cr. Misc. No. 5633 of 2025.

3. The petitioner seeks bail in connection with Kaluahi P.S. Case No. 155 of 2024, instituted for the offences punishable under Sections 126(2), 127(2), 115(2), 117(2), 110, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4. The prosecution case, in short, is that on the alleged date and time of occurrence, one Dhanvir Kumar Yadav was

Patna High Court CR. MISC. No.68128 of 2025(3) dt.10-10-2025 2/3 illegally constructing a house on the informant's land. When the informant protested, the petitioner along with other co-accused persons assaulted him with deadly weapons and also snatched his gold hanumanji.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the the petitioner has committed no offence as alleged in the FIR. It is alleged that the petitioner has assaulted Sujit Kumar Yadav by means of khanti which totally false but, the injury is found to be simple in nature, caused by hard and blunt object. It is next submitted that there is case and counter case between the parties. The petitioner is in custody since 08.08.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 12091 of 2025.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.68128 of 2025(3) dt.10-10-2025 3/3 of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kaluahi P.S. Case No. 155 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T