In Manjay Kumar vs. The State of Bihar (2024), Supreme Court's Division Bench of Justices M.M. Sundresh and Satish Chandra Sharma passed a 4-page long order dated November 3, 2025 allowing the criminal appeal. The Court set aside the impugned order by Justice Dr. Anshuman of the Patna High Court. The appellants were granted anticipatory bail, subject to the terms and conditions that may be imposed by the concerned Trial Court.
The appellants had approached the Supreme Court apprehending their arrest. The Court observed: ''4. Since the appellants have joined the investigation and cooperated with the same, we are inclined to set aside the impugned order, and grant anticipatory bail to the appellants.''
In Ramesh Rai @ Ramesh Kumar & Ors. vs. The State of Bihar (2024), Justice Dr. Anshuman passed a 3-page long order dated November 12, 2024 which stated that petitioner Nos.3 (Sajan Kumar), 4 (Pankaj Kumar) and 5 (Pawan Kumar) shall be released on anticipatory bail as they have clean antecedent, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000 each with two sureties of the like amount each to the satisfaction of A.C.J.M.-14, (East), Muzaffarpur in connection with Bochaha P. S. Case No.131 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. So far as petitioner Nos.1 (Ramesh Rai), 2 (Rajesh Rai) and 6 (Manjay Kumar) was concerned, this Court was not inclined to grant anticipatory bail to the petitioner Nos.1, 2 and 6 as their antecedent was not clean, therefore the bail application of the petitioner Nos.1, 2 and 6 was rejected. Dr. Anhsuman concluded:'' 10. However, Trial Court is directed to consider the regular bail application of the petitioner Nos.1, 2 and 6, if they surrender within 4 weeks from today and pray for regular bail, then Trial Court shall pass order without being prejudice of the present order preferably on the same day.''
The petitioners had approached the High Court apprehending arrest in a case registered for the offences punishable in connection with Bochaha P. S. Case No.131 of 2024 under Sections 147, 148, 149, 341, 342, 323, 324, 307, 353, 354, 504 and 506 of the Indian Penal Code.
As per the prosecution, the FIR was lodged against 8 named and 15-17 unknown accused persons including the petitioners against whom there is allegation of abusing and scuffling with the informant and police party due to which injury took place.
The counsel for the petitioners submitted that the petitioners are innocent and have committed no offence. He submitted that the petitioners were falsely implicated due to village politics and land dispute. He further submits that the allegation is general and omnibus in nature. He further submitted that the petitioner due to land dispute, the scuffle took place between both the parties and in this scuffling, police party has also been injured. He also submitted that petitioner Nos.3, 4 and 5 had clean antecedent whereas petitioner No.1, 2 and 6 did not have clean antecedent.
The APP for the State opposes the prayer for bail and submitted that the petitioners were named in the F.I.R. and direct allegation of assault against them.
Prior to this he had passed an an order dated June 20, 2024 which reads: ''Perused the order dated 03.02.2025 passed in Special Leave to Appea (Crl) No. 1532 of 2025 by the Hon’ble Supreme Court of India.''
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