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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                          2/2




                        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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