Manoj Kumar Sah @ Manoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89513 of 2025 Arising Out of PS. Case No.-255 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Manoj Kumar Sah @ Manoj Sah Son of Ramvilash Sah @ Ram Bilash Sah Resident of village - Govindpur Khajuri , Police Station - Kalyanpur , District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126 (2), 115 (2), 109, 75, 303 (2) and 3(5) of the BNS.
3. The case of the prosecution, in short, is that the petitioner has assaulted the informant, his son and his wife. It is further alleged that the petitioner misbehaved with the minor daughter of the informant. It is also alleged that co-accused, namely, Vikash Kumar took away a 'locket' worth Rs. 40,000/-.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.89513 of 2025(2) dt.27-01-2026 2/3 alleged occurrence took place on 16.07.2025 whereas the FIR has been lodged on 19.07.2025. The reason stated for the delay in lodging the First Information Report ( FIR) is that the informant was threatened and were busy with medical treatment. It is further submitted that there is also a counter version of this case which is filed by the wife of this petitioner wherein it is alleged that she was being assaulted by Dharmendra Sha, Dilip Sha, Yogeshwar Sha and Anant Kumar Sha on her head. It is further submitted that there was free fight between both the parties and that injuries were sustained on both sides. Moreover, the petitioner is languishing in judicial custody since 23.10.2025 having no criminal antecedent.
5. Learned counsel for the informant opposed the prayer of regular bail stating that the petitioner had cut off the finger of the victim.
6. Considering the fact that there is case and counter case between the parties, there is delay of lodging the FIR and both the sides received injuries, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kalyanpur P.S. Case No. 255 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.89513 of 2025(2) dt.27-01-2026 3/3 satisfaction of learned Chief Judicial Magistrate, Samastipur. (Ashok Kumar Pandey, J) Jagdish/- U T