Manoj Choudhary @ Manoj Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Manoj Choudhary @ Manoj Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be released on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000/- each under Section 2(1)(d) BNSS, subject to Section 482(2) BNSS conditions, to the satisfaction of the Sub Judge-IV-cum-Additional Chief Judicial Magistrate-IV, Begusarai, in Sahebpur Kamal P.S. Case No. 221 of 2021.

Issue for consideration

Whether the petitioners, who apprehend arrest in Sahebpur Kamal P.S. Case No. 221 of 2021 (offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 IPC), are entitled to be released on anticipatory bail.

Court's answer

Petitioners directed to be released on bail (anticipatory bail) in the event of their arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000/- each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned Sub Judge-IV-cum-Additional Chief Judicial Magistrate-IV, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 221 of 2021, subject to the conditions laid down under Section 482(2) of the said Sanhita.

Detailed headnote1 paragraphs

Anticipatory bail – granted (Patna High Court, Dr. Anshuman, J., 15-07-2026). Petitioners apprehended arrest in Sahebpur Kamal P.S. Case No. 221 of 2021, Begusarai (lodged 25.08.2021) for offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 IPC, on allegation that the accused entered the informant's house, abused and brutally assaulted him with an iron rod causing head injuries. Petitioners and informant are agnates; the petitioners' side lodged a counter case, Sahebpur Kamal P.S. Case No. 220 of 2021, over the same occurrence. During investigation, final form was submitted in favour of petitioner no. 1 and petitioner no. 2 was extended the benefit of Section 41A CrPC (now Section 35 BNSS), yet cognizance was subsequently taken against both. The APP conceded that petitioner no. 2 has no criminal antecedent, the injuries on the informant are simple, and the matter arises out of a case and counter case. Held: petitioners to be released on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000/- each as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to the conditions under Section 482(2) thereof, to the satisfaction of the Sub Judge-IV-cum-Additional Chief Judicial Magistrate-IV, Begusarai.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25506 of 2026

Arising Out of PS. Case No.-221 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai

======================================================

Manoj Choudhary @ Manoj Kumar S/o Ganga Choudhary R/o VillageSandalpur, Police Station-Sahebpur Kamal, District- Begusarai

Pikku Kumar @ Pinku Kumar @ Pintu Kumar S/o Late Sulendra Choudhary R/o Village- Sandalpur, Police Station-Sahebpur Kamal, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 15-07-2026

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners who apprehend arrest in connection with Sahebpur Kamal P.S. Case No. 221 of 2021 lodged 25.08.2021, for the offences punishable under sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution, the F.I.R. has been lodged against four named accused persons including the present petitioners alleging that all the accused persons entered into the house of the informant, abused him and brutally assaulted him by means of an iron rod, as a result of which the informant sustained injuries on his head.

Patna High Court CR. MISC. No.25506 of 2026(3) dt.15-07-2026 2/3

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence Learned counsel further submits that the petitioners and the informant are agnates and for the same date and place of occurrence, the petitioners’ side has lodged Sahebpur Kamal P.S. Case No. 220 of 2021 whereas the informant’s side has lodged the present case being Sahebpur Kamal P.S. Case NO. 2020 of 2021. Learned counsel further submits that, during investigation, final form was submitted in favour of petitioner no. 1, whereas petitioner no. 2 was extended the benefit of Section 41A of the Code of Criminal Procedure (now Section 35 of the Bharatiya Nagarik Suraksha Sanhita). However, subsequently cognizance has been taken against both the petitioners. It is also submitted that the case diary has been called for and the injury report forms part thereof.

Learned APP for the State opposes the prayer for bail. However, he fairly submits that petitioner no. 2 has no criminal antecedent, the injuries found on the person of the informant are simple in nature and there exists a case and counter case arising out of the same occurrence.

In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of

Patna High Court CR. MISC. No.25506 of 2026(3) dt.15-07-2026 3/3

their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/-₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 , to the satisfaction of the learned Sub Judge-IV-cum-Additional Chief Judicial Magistrate-IV, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 221 of 2021, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 .

(Dr. Anshuman, J)

Manshi/Ashwini

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