Patna High Court
Manjesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that, given the circumstances, the petitioners are entitled to anticipatory bail subject to bond and surety conditions under Section 482(2) of the B.N.S.
Summary
Manjesh Kumar and Ranjesh Kumar, brothers, applied for anticipatory bail after being implicated in a case alleging they forcibly seized a Scorpio vehicle and threatened the informant. The prosecution alleged the vehicle was purchased from the first petitioner and was taken back due to non-payment of installments. The petitioners claimed innocence, stating the case was false and that the vehicle was to be reclaimed under a sale condition. The State opposed the bail, but the court, considering the facts and the nature of the allegations, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively granted anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita.
- Whether the allegations constitute offences warranting denial of bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 316(2), 318(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nagarik Suraksha Sanhita
- vehicle theft
- threat to life
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31070 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
1. Manjesh Kumar son of Alakhdev Singh @ Alakhdeo Singh Resident of
Village- Paigambarpur, Ward No 8, Ayodhya, PS -Teghra District -Begusarai
2. Ranjesh Kumar Son of Alakhdev Singh @ Alakhdeo Singh Resident of
Village- Paigambarpur, Ward No 8, Ayodhya, PS -Teghra District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 316 (2), 318 (4), 351(2), 352 and 3 (5)
of the B.N.S.
3. As per prosecution case, the informant purchased
a Scorpio vehicle from petitioner no.1. When the maternal uncle
of the informant was going to Teghra Bazar by the said vehicle,
petitioner nos.1, 2 and other co-accused Shubham Kumar
stopped the vehicle and boarded on it and forcibly took away
the said vehicle. After reaching home, the accused persons
abused and threatened to kill the informant.
Patna High Court CR. MISC. No.31070 of 2026(2) dt.07-05-2026
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4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. It is further submitted that petitioner no.1 had sold the
vehicle to the informant with condition that if the installment is
not paid, the said vehicle shall be taken back. On account of
non-payment of installment, false case has been lodged against
the petitioners. Petitioner nos.1 and 2 are full brothers.
Petitioner no.1 has three criminal antecedents out of which two
cases have been filed by the mother and friend of the informant
and one case belongs to the Excise Act and he is on bail.
Petitioner no.2 has one criminal antecedent filed by the mother
of the informant. Petitioners undertake to cooperate in the
investigation and the trial.
5. Learned A.P.P. for the State 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 allegations made against the petitioners, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner 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 learned Chief Judicial
Patna High Court CR. MISC. No.31070 of 2026(2) dt.07-05-2026
3/3
Magistrate Begusarai in connection with Teghra P.S. Case
No.434 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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