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2025 DAILYLAW 57490 (PAT)

Mannu Kumar @ Monu Kumar v. The State of Bihar

CR. MISC./47791/2025 · 2025-08-08

Ramesh Chand Malviya

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47791 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- BELHAR District- Banka ====================================================== 1. Mannu Kumar @ Monu Kumar, Gender-Male, aged about 22 years, Son of Surendra Tanti, Resident of Hariyasi, P.S.- Belhar, District- Banka. 2. Mahendra Tanti, Gender-Male, aged about 65 years, Son of Faudi Tanti, Resident of Hariyasi, P.S.- Belhar, District- Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 08-08-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Belhar P.S. Case No. 92 of 2025 instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the B.N.S. 3. As per allegation in the FIR, the informant Rohit Kumar was doing construction work in front of his house. In the meantime, the petitioners came and started abusing the informant and when the informant protested, then the petitioners assaulted the informant by rod, lathi, tengari and khanti blow. 4. Learned counsel for the petitioners submits that the Patna High Court CR. MISC. No.47791 of 2025(2) dt.08-08-2025 2/3 petitioners are innocent and have committed no offence and have falsely been implicated in this case. He submits that petitioners are gotiyas of the informant and there is land dispute attributed between the parties. He next submits that there is general and omnibus allegation against the petitioners. He lastly submits that petitioners were not present on the alleged date and place of occurrence. Petitioners have got clean antecedent as stated in para 3 of the petition is in custody since 24.04.2025. 5. Learned APP opposes the prayer for bail. 6. From perusal of the FIR and impugned order of the learned Sessions Judge, Banka dated 11.06.2025, it appears that on the basis of written report of the informant-cum-injured Rohit Kumar, FIR has been lodged under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the B.N.S. against six co-accused persons including the present petitioners. Specific allegation against the petitioners are that they are only the order giver. The allegation of assault is of other co-accused persons and not against the present petitioners. Petitioners have got clean antecedent as stated in para 3 of the petition is in custody since 24.04.2025, so considering all these aspects of the matter and submission of learned counsel for the petitioners, I am inclined to grant bail to the petitioners. Patna High Court CR. MISC. No.47791 of 2025(2) dt.08-08-2025 3/3 7. Accordingly the prayer for bail of the petitioners are allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka /concerned Court in connection with Belhar P.S. Case No. 92 of 2025. Anand Kr. (Ramesh Chand Malviya, J) U T