Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85733 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.
MANISH KUMAR Son of Ram Anuj Singh Resident of Village - Mo. Nagar, Police Station - Samastipur, District - Samastipur 2.
Gaurav Kumar Son of Ram Anuj Singh Resident of Village - Mo. Nagar, Police Station - Samastipur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-01-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 303(2), 324(4), 324(5), 308(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases and petitioner no. 2 has antecedent of one case and the informant alleges that Manish and his brother came along with an unknown accused on 03.05.2025 at 07:30 AM and started demolishing his brick house and JCB, accordingly informant and his brother Sanjay,
Patna High Court CR. MISC. No.85733 of 2025(2) dt.15-01-2026 2/3 on coming to know that accused have come at the place of occurrence, went to the place of occurrence and objected, when Manish assaulted his brother by butt of pistol on neck, thereafter, assaulted informant by sabal, but he managed to save himself and snatched chain of his brother.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners and informant are neighbours and are having dispute relating to land for which Title Suit No. 236 of 2014 has been filed and the same is pending adjudication in the District Court, Samastipur. It is next submitted that though it is alleged that Manish assaulted the brother of the informant by butt of pistol causing injury on neck, but then the FIR has not been instituted under the arms act. It is also submitted that even presuming what has been alleged is true without admitting then the injury suffered by the injured has been opined to be simple in nature. It is reiterated and submitted that on account of dispute relating to land, an altercation took place in which both sides assaulted each other and from side of the petitioners Mohiuddinagar P.S. Case No. 81 of 2025 has been instituted against the informant and his side.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.85733 of 2025(2) dt.15-01-2026 3/3 anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mohiuddinagar P.S. Case No. 80 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T