Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, subject to specified conditions.
Summary
Manish Kumar sought anticipatory bail fearing arrest in a case (Shikarganj P.S. Case No.48 of 2025) alleging offences under Sections 126(2), 132, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 45 of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution alleged that Kumar, along with several intoxicated persons, created a disturbance, abused pedestrians and police. Kumar contended he was falsely implicated, was not intoxicated, and that the investigation failed to follow the procedural safeguards of Sections 103 and 105 of the B.N.S.S, also noting his prior criminal case. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, imposing conditions such as surety, personal appearance, and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
- Whether the investigation complied with the procedural requirements of Sections 103 and 105 of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 105, 126(2), 132, 3(5), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- false implication
- procedural lapse
- prior criminal antecedent
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11284 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- SHIKARGANJ District- East Champaran
======================================================
Manish Kumar, S/o- Lalbabu Sah, Resident of village-Sirauna P.S. Shikarganj
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Shikarganj P.S. Case No. 48 of 2025 registered for the offences
under Sections 126(2), 132, 352, 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 45 of the Bihar Prohibition and
Excise Amendment Act, 2022.
3. The prosecution case is to the effect that the
petitioner, along with five to six persons who were in drunken
state, were abusing the pedestrian and were creating ruckus and
when the police tried to stop them, they even abused the police
party.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case at the behest
Patna High Court CR. MISC. No.11284 of 2026(2) dt.17-02-2026
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of the co-villagers. It has further been submitted that the
allegation in the FIR is that the petitioner fled from the place of
occurrence after abusing the local people and the police. It has
next been submitted that the petitioner was not found to be in an
inebriated condition, and there is no evidence on record to
suggest the same. It has also been submitted that the procedure
as contained in the Section 103 and 105 of the B.N.S.S have not
been followed. It has lastly been submitted that the petitioner
has one criminal cases against his name.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(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
Shikarganj P.S. Case No. 48 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
Patna High Court CR. MISC. No.11284 of 2026(2) dt.17-02-2026
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as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) 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 be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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 bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
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