Patna High Court
Abhimanyu Kumar @ Abhimanyu Singh @ Manu kumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Abhimanyu Kumar, sought anticipatory bail in a case (PS Case No. 532 of 2025) filed under Section 103(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that he threatened the informant and her family. The informant alleged that co‑accused Sunil Prasad and Mannay Prasad killed her mother by electrocution over a money dispute and that the petitioner threatened her. The petitioner contended that he was falsely implicated, there was no specific allegation or material linking him to the offence, and he has a single prior criminal case for which he is on bail. The State, represented by an A.P.P., opposed the anticipatory bail. After considering the submissions and the nature of the allegations, the Court ordered that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a Rs 10,000 bond with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the allegations of threat and involvement in a murder‑related case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 482(2)
Subjects
- anticipatory bail
- Section 103
- Section 482
- threat
- murder
- money dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26172 of 2026
Arising Out of PS. Case No.-532 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Abhimanyu Kumar @ Abhimanyu Singh @ Manu kumar Son of Sunil Prasad
@ Sunil Singh, Resident of Village - Kasdewra Bangra Preman Tola, P. S -
Maharajganj, District – Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramadhar Shekhar, Advocate.
For the Opposite Party/s : Mr. Anil Kumar Singh No.1, A.P.P.
For the Informant : Mr. Shambhu Prasad Yadav, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection
with Maharajganj P.S. Case No.532 of 2025 instituted under
Section 103(1) of the B.N.S., 2023.
3. As per the prosecution case, informant has alleged
that accused persons namely Sunil Prasad and Mannay Prasad
came to her house and took her mother in the field of Brinjal
which is situated 100 meters away from her house and the said
field was surrounded by wire. It is alleged that they have killed
her mother by electrocution. The cause behind the said
occurrence is stated to be some money dispute between them.
The specific allegation against the petitioner is that he has
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threatened the informant and her family members.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that during the investigation, the
independent witnesses have stated that there was good relation
between both the parties and there was no money transaction
between them rather the deceased was working in the field of
co-accused Sunil Prasad but due to ulterior motive the entire
family of the petitioner has been implicated in this case.
Learned counsel submits that there is no specific allegation of
assault against the petitioner and there is no material against the
petitioner to link him with the offence. He further submits that
petitioner is a young boy and is studying in B.A. Petitioner has
one criminal antecedent, in which he is on bail and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the informant opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
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bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned A.C.J.M.-II, Siwan/ concerned Court in connection with
Maharajganj P.S. Case No.532 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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