Patna High Court
CR. MISC./50583/2026 of Manoj Kumar Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50583 of 2026 Arising Out of PS. Case No.-81 Year-2026 Thana- Pahelja P.S. District- Saran ====================================================== 1. Manoj Kumar S/O Wakil Rai R/O Village- Garib Patti, P.S - Pahleja, District - Saran. 2.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50583 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- Pahelja P.S. District- Saran ======================================================
1.
Manoj Kumar S/O Wakil Rai R/O Village- Garib Patti, P.S - Pahleja, District
- Saran.
2.
Wakil Rai S/O Bharathari Rai R/O Village- Garib Patti, P.S - Pahleja, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Umesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
13-08-2026
1. Heard learned counsel for the petitioners and learned A.P.P., Mr. Rabindra Kumar for the State.
2. Learned counsel appearing on behalf petitioners after some arguments seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 1 with liberty to the petitioner no. 1 to surrender and seek regular bail.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 1 with liberty aforesaid.
5. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(1),
115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
6. Learned counsel for the petitioner submits that petitioner is a senior citizen aged about 68 years and is a person with clean antecedent and the informant alleges that his son on 01.04.2026 at 9:30 PM was coming back home after closing his restaurant when he was intercepted by eight named accused persons including the petitioner and the accused persons demanded alcohol, on refusal, the accused persons dragged him into an orchard and assaulted by an iron rod causing injury on head and burnt his body by using burning wooden stick and threw the injured in a wheat field and the motorcycle was left on the road, further a truck driver noticed the motorcycle and the injured, accordingly informed the informant about the occurrence, thus informant came at the place of occurrence and took his son to Sonepur Hospital and his son after regaining consciousness disclosed about the occurrence, thereafter FIR was instituted on 03.04.2026.
7. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that no specific allegation of assault is alleged. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that informant alleges that a truck driver informed him that his son was found lying in a field, but then neither the name of the truck driver is disclosed nor his statement is recorded by the police during the course of investigation which casts an aspersion on the case of the prosecution.
8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that no doubt allegation of assault is not specific, but then from perusal of the order impugned, it would manifest that the same records that the injured suffered abrasion wound of 5 cm x 4 cm over right hip joint, abrasion of 5 cm x 1 cm over right side of chest, abrasion wound of 2 cm x 1cm over right side of elbow joint. Further, the injured also suffered head injury due to physical assault and burn injury over right lateral aspect of hand and the injury has been opined to be grievous. It is thus submitted that despite the fact that allegation of assault is not specific, but then the injured suffered the aforesaid injuries and the FIR came to be instituted only after the injured regained consciousness. At this stage, the learned counsel appearing on behalf of the petitioner submits that petitioner is a senior citizen aged about 68 years and have remained a person with clean antecedent and it does not appear probable that he along with his son i.e. Manoj Kumar would have committed the occurrence.
9. After hearing the learned counsel for the parties and taking into consideration the fact that petitioner is a senior citizen aged about 68 years and has remained a person with clean antecedent all throughout, the petitioner no. 2, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 Pahleja P.S. Case No. 81 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
10. Accordingly, the anticipatory bail application is allowed with respect to petitioner no. 2.
rajesh/- (Satyavrat Verma, J) U T