Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail under Section 438 CrPC (and Section 482 BNSS) subject to the conditions imposed by the Court.
Summary
Manish Kumar was facing arrest in a case where an FIR alleged his involvement in a fraudulent money transfer, charging him under IPC sections 420, 406 and 34. He contended that he has a clean antecedent, the FIR was filed more than three months after the alleged incident without any explanation, and the victim (the informant’s daughter) did not support the prosecution in her statement recorded under Section 164 CrPC. He further pointed out that co‑accused in the same matter had already been granted anticipatory bail by this Court. The Additional Public Prosecutor opposed the bail application. Considering the petitioner’s clean record, the lack of victim support and the precedent of bail to co‑accused, the Court granted him bail under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, subject to a Rs 10,000 bond, two sureties and several conditions relating to trial cooperation and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
- Whether the delay in lodging the FIR affects the grant of bail.
- Whether the victim’s non‑supportive statement under Section 164 CrPC influences bail considerations.
- Whether the grant of bail to co‑accused in the same case is a relevant factor.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure, 1973 — s. 164, 438
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- delay in FIR
- victim statement
- clean antecedent
- IPC offences 420, 406, 34
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23670 of 2026
Arising Out of PS. Case No.-857 Year-2022 Thana- KHAGARIA District- Khagaria
======================================================
Manish Kumar S/O Bandelal Singh Resident of Village-Tikarampur,
Mathurapur, P.S.- Khagaria, District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
: Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-04-2026 Heard Mr. Binod Kumar, learned counsel for the
petitioner and Mr. Abhay Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Khagaria P.S. Case No. 857 of 2022, F.I.R.
dated 17.08.2022 for the offences punishable under Sections
420, 406, 34 of the Indian Penal Code.
3. According to prosecution case, the money in the
bank account of the informant was transferred by his daughter
alongwith some other persons through UPI and thereafter his
daughter fled away from her house.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.23670 of 2026(2) dt.23-04-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that date
of the occurrence was on 10.05.2022 but the FIR was lodge on
17.08.2022 i.e. after delay of more than three months without
giving any explanation of delay. He further submits that for the
same set of allegation co-accused person, namely, Paramdeep
Kumar @ Dhami @ Dhoni has been granted the privilege of
anticipatory bail by this Court vide order dated 29.11.2023 in
Cr. Misc. No. 75757 of 2023 and another co-accused persons,
namely, Kanhaiya Singh @ Kanhaiya Kumar and others have
been granted the privilege of anticipatory bail by a co-ordinate
Bench this Court vide order dated 29.11.2023 in Cr. Misc. No.
76170 of 2023. He next submits that the victim (informant’s
daughter) did not support the case of the prosecution in her
statement recorded under Section 164 of Cr.P.C.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
and the fact that the petitioner has clean antecedent and the
victim did not support the case of the prosecution and similarly
situated co-accused persons have been granted the privilege of
anticipatory bail by this Court or co-ordinate Bench of this
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Court, let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Khagaria in connection with Khagaria P.S. Case No. 857
of 2022, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the 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
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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