Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail could not be granted and dismissed the petition.
Summary
Manish Kumar applied for anticipatory bail after learning that he might be arrested in a case registered under Section 140(3) of the B.N.S. The prosecution alleges that he orchestrated the theft of 350‑400 grams of gold jewellery and cash from the victim’s locker, using a professional locksmith, and that he defrauded the victim by returning only Rs. 4,10,500. The petitioner contended that he is innocent, not named in the FIR, and has a clean record, also highlighting the victim’s gender dysphonia and personal circumstances. The State opposed the bail, presenting statements recorded under Section 183 of the B.N.S.S. indicating the petitioner’s involvement. After considering the investigation material and the seriousness of the allegations, the court rejected the anticipatory bail application. Consequently, the petition for bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 140(3) of the B.N.S. given the alleged theft and fraud.
Legislation cited
Subjects
- anticipatory bail
- theft
- fraud
- Section 140(3)
- Section 183
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19651 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- JOGSAR District- Bhagalpur
======================================================
Manish Kumar S/o Bhola Mandal Resident of Village- Urdu Bazar Road,
Ramsar Chowk, P.S.- Tatarpur, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Davendra Kumar Pandey, Advocate
For the State : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 140(3) of the
B.N.S..
3. As per prosecution case, informant alleges that his
younger brother went missing and on search, he came to know
that he fled away taking gold ornaments and cash from the
house.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.19651 of 2026(2) dt.07-04-2026
2/3
committed no offence. Petitioner is not named in the F.I.R.. As a
matter of fact, the victim was patient of Gender Dysphonia and
he himself approached the hospital for sex change surgery.
Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that name of petitioner transpired in
this case during investigation and it has come that this petitioner
orchestrated the theft of approximately 350-400 grams of gold
jewellery and cash from the family locker of the victim. The
victim alleges that this petitioner brought a professional
locksmith to break the locker of the victim’s house in absence of
his family member. The victim in his statement recorded under
Section 183 of the B.N.S.S. has stated that though the gold was
worth a substantial amount, this petitioner only gave Rs.
4,10,500/- to the victim and thus, committed financial fraud. He
has further stated that this petitioner isolated him from his
family, took advantage of his mental state and facilitated his
disappearance.
6. Considering the facts and circumstances of the
case, materials that have surfaced during investigation and
Patna High Court CR. MISC. No.19651 of 2026(2) dt.07-04-2026
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nature of accusation, the prayer for grant of anticipatory bail to
the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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