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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of any material evidence beyond the co‑accused’s disclosure, anticipatory bail is warranted.

Summary

Manish Kumar applied for anticipatory bail after learning that he might be arrested in a case involving theft, forgery and common intention (IPC §§ 379, 414, 467, 468, 471, 34). The FIR alleged that a stolen vehicle was recovered and two persons were arrested; the petitioner’s name was mentioned only because the arrested persons disclosed it, with no other material linking him to the vehicle. The petitioner asserted he had no connection with the stolen vehicle and no criminal antecedent. The State opposed the bail, but the court noted the lack of substantive evidence against the petitioner. Consequently, the court granted anticipatory bail, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 438(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted when the only allegation against the petitioner is based on disclosure by co‑accused persons.
  • Whether the petitioner satisfies the criteria for bail under Section 438 of the Criminal Procedure Code.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • theft
  • forgery
  • common intention
  • bail conditions
  • co‑accused disclosure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2866 of 2026
                       Arising Out of PS. Case No.-241 Year-2023 Thana- KAKO District- Jehanabad
                 ======================================================
                 Manish Kumar S/o Ravel Prasad R/o Jilal Bigha, P.O.- Rewan, Rewan,P.S.-
                 Masauri Dist.- Patna, BIhar- 804454
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vishal Prasad
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Sections 379, 414,

                   467, 468, 471, 34 of the Indian Penal Code.

                                3. The allegation in the first information report is that

                   the stolen vehicle was recovered by the police and two persons

                   were arrested along with the vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not found along with the vehicle and has no

                   connection whatsoever with the stolen vehicle. The name of the

                   petitioner has been disclosed by the arrested person for certain

                   oblique motive and there is no other substantial material

                   featuring against him but for the disclosure made by the arrested

                   persons which has no evidentiary value in the eyes of law.
             Patna High Court CR. MISC. No.2866 of 2026(2) dt.28-01-2026
                                                         2/2




                                    5. Learned APP for the State has opposed the

                       application for anticipatory bail.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the fact that the petitioner’s

                       name has featured on the basis of disclosure made by the

                       arrested persons, let the above named petitioner, who has no

                       criminal antecedent, in the event of his arrest or surrender

                       before the learned Court below within a period of four weeks

                       from today, be enlarged on bail on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned court below where

                       the case is pending/successor court in connection with Kako P.S.

                       Case No. 241 of 2023, subject to the condition as laid down

                       under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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