IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59194 of 2026 Arising Out of PS. Case No.-3 Year-2026 Thana- MANJHAUL District- Begusarai ====================================================== Chinku Ray @ Om Prakash Kumar S/O Mahendra Mahto R/V - Bichkhna Tola, Manjhaul 3 Ward no 13, PS- Manjhaul, Dist.- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. R.S. Sahay, Advocate : Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 19-08-2026 Heard Mr. R.S. Sahay, learned counsel for the petitioner and Mr. Tarun Prasad Mandal, learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Manjhaul P.S. Case No. 03 of 2026, F.I.R. dated 02.01.2026 for the offences punishable under Sections 126(2), 115(2), 352, 76, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 and ¾ of Prevention of Witch Practices Act, 1999. 3. As per the First Information Report, on 31.12.2025 at about 12 noon, while the informant was working at the Anganbari Centre, accused Rukmini Devi, Bablu Roy and Chinku Ray (this petitioner) abused her and called her a witch. On protest, they allegedly assaulted her, tore her sari, dragged her onto the road and caused bleeding from her nose. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.59194 of 2026(2) dt.19-08-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case and due to some previous dispute the present occurrence has taken place. He further submits that there is case and counter case between the parties and although the petitioner is named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against him rather specific allegation of assault is against co-accused, namely Bablu Rai. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, there is no specific allegation against the petitioner and the petitioner has clean antecedent and there is case and counter case between the parties, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M Manjhaul, Begusarai in connection with Manjhaul P.S. Case No. 03 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Patna High Court CR. MISC. No.59194 of 2026(2) dt.19-08-2026 3/3 Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- (Rajesh Kumar Verma, J) U T