Patna High Court – Orders
Manish Choudhary @ Manish Kumar vs The State Of Bihar on 25 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83569 of 2024
Arising Out of PS. Case No.-433 Year-2023 Thana- MUNGER MUFFASIL District- Munger
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Manish Choudhary @ Manish Kumar S/O Kishori Choudhary Resident of
Village- Ramgarh, P.S- Muffasil, Distt.- Munger, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Anand Kumar Tiwari, Advocate
For the Informant : Mr.Ankita Kumari, Advocate
For the State : Ms. Meena Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
6 25-06-2025
Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offences under Sections 147, 149, 307, 323, 324, 325, 341, 379,
384 of I.P.C. and Section 27 of Arms Act.
3. As per the prosecution case, the informant has
alleged that the petitioner along with other co-accused variously
armed with deadly weapons, lathi/danda came there and
demanded Rs. 5,00,000/-. On objection being raised, the
petitioner is alleged to have fired upon the informant which
touched the little finger of the informant and in the meanwhile,
other accused persons assaulted the elder brother of the
Patna High Court CR. MISC. No.83569 of 2024(6) dt.25-06-2025
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informant causing serious injuries. It is further alleged that co-
accused Ankit Kumar assaulted the cousin of the informant with
iron rod resulting in fracture of both hands and thereafter he had
also assaulted the informant on his head and subsequently, the
accused persons fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Learned counsel further submits that there are general and
omnibus allegation against all the named accused persons. It is
next submitted that the allegation levelled against the petitioner
is not corroborated by the injury sustained by the informant and
other persons. Learned counsel further submits that all the other
accused persons are on bail. Learned counsel next submits that
even if the injury is taken into account the same was on a non-
vital part of the body. It is lastly submitted that the petitioner has
two criminal antecedents in which he is on bail and is in custody
since 30.07.2024.
5. Learned counsel for the informant as well as
learned APP for the State have jointly opposed the prayer for
bail of the petitioner and submits that there is specific allegation
against the petitioner to have assaulted the informant and fired
upon him causing injury on his hand. Learned counsel for the
Patna High Court CR. MISC. No.83569 of 2024(6) dt.25-06-2025
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informant has pointed out that the informant had received three
injuries on his body and as per the report the injuries are opined
to be grievous in nature and hence, the petitioner should not be
released on bail.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody, let the
petitioner above-named be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Muffasil P.S. Case No. 433/2023 subject to the
conditions :-
a. One of the bailors of the petitioner shall be
his close relative.
b. The petitioner shall remain physically
present in Court on each date of the trial.
c. In case of absence on two consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to the cancelled by the court concerned.
d. The court below is directed to verify the
criminal antecedent of the petitioners and
Patna High Court CR. MISC. No.83569 of 2024(6) dt.25-06-2025
4/4the informat shall be at liberty to bring on
record the criminal antecedent of the
petitioner and after taking the same into
account, the bail bonds of the petitioner
shall be accepted 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 bonds in terms of the afore-
mentioned order shall not be delayed for
purpose of or in the name of verification.
7. It is made clear that the observations, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
tusharika/-
U T