Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court declined to grant anticipatory bail, finding the case unsuitable for such relief.
Summary
The petitioner, Manish Kumar, applied for anticipatory bail fearing arrest in a case (PS Case No. 817 of 2025) involving alleged snatching of money and firing at a petrol pump employee, charged under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that the petitioner was one of three accused. The petitioner contended he had not assaulted anyone and that his name only appeared during investigation, though he has two prior criminal antecedents. The State opposed the anticipatory bail. The Court held that the facts did not warrant anticipatory bail, dismissed the application, and ordered the petitioner to surrender within four weeks and seek regular bail, failing which the police would arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 309(4), 3(5)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17291 of 2026
Arising Out of PS. Case No.-817 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Manish Kumar S/o Late Ratan rai @ Ram Ratan Rai R/o Village-
Shakrisaraiya, Lukki Nandlalpur, P.S.- Turki, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saket Tiwary, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Vaishali (Belsar O.P.) P.S. Case No. 817 of 2025 instituted
under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita
and Section 27 of the Arms Act.
3. As per the prosecution case, three accused persons
including the petitioner are alleged of snatching money and
firing at the employee of the petrol pump.
4. Learned counsel for the petitioner submits that the
petitioner has not assaulted anyone. The name of the petitioner
has come during investigation. Petitioner has two criminal
antecedents.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.17291 of 2026(2) dt.24-04-2026
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for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Muzaffarpur will take all steps
for arrest of the petitioner.
9. Let a copy of this order be communicated to the
Senior Superintendent of Police, Muzaffarpur through FAX or
e-mail for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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