Patna High Court
Dinesh Manjhi @ Bihari ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it with conditions.
Summary
The petitioner, Dinesh Manjhi, was implicated in a theft case involving a stolen motorcycle, alleged under Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied mainly on the statement of a co‑accused, Vikash Kumar, who was seized with the motorcycle, while the petitioner allegedly escaped. The petitioner applied for anticipatory bail, arguing that the co‑accused’s testimony alone lacks evidentiary value and that he has pending bail in two Excise Act matters. The Court examined the applicability of Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and considered the petitioner’s criminal antecedents. It granted anticipatory bail subject to stringent conditions, including bond, sureties, regular court appearances, and reporting to the Superintendent of Police. The order emphasized that the conditions are not to delay verification of antecedents and that the observations are not binding during trial.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in the present theft case
- Whether the co‑accused’s statement alone suffices to justify denial of bail
- Whether the petitioner’s prior criminal antecedents under the Excise Act affect the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 317 B.N.S.
- Section 3 B.N.S.
- Section 482 B.N.S.S.
- theft
- motorcycle theft
- co‑accused testimony
- bail conditions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33427 of 2026
Arising Out of PS. Case No.-541 Year-2025 Thana- MASHRAK District- Saran
======================================================
Dinesh Manjhi @ Bihari Manjhi, S/o Subhash Manjhi, Resident of Village-
Madarpur, P.S.- not given, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
Ms. Rajani Kumari, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 19-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State through virtual mode.
2. The petitioner is apprehending his/her arrest in
connection with Mashrakh P.S. Case No. 541 of 2025 registered
for the offence(s) under Section(s) 317(5) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the police personnel
during patrolling duty, got secret information that Dinesh Kumar
Manjhi (petitioner) has kept a stolen motorcycle and is trying to
send it through his nephew, co-accused, namely Vikash Kumar.
The police conducted a raid, however, it is stated that the
petitioner managed to escape and the other co-accused namely
Vikash Kumar was apprehended and disclosed that this
Patna High Court CR. MISC. No.33427 of 2026(2) dt.19-05-2026
2/4
motorcycle was brought by Dinesh Kumar Manjhi.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case merely on
the basis of the statement given by the co-accused Vikash
Kumar, which has no evidentiary value in eyes of law. It has
further been submitted that the petitioner was not apprehended
and in fact, it was the said Vikash Kumar, who was apprehended
with the stolen motorcycle. It has lastly been submitted that the
petitioner carries two criminal antecedent but they are under
Excise Act and the petitioner is on bail in both the cases.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his/her arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his/her furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the concerned Court/successor Court
where the case is pending in connection with Mashrakh P.S.
Patna High Court CR. MISC. No.33427 of 2026(2) dt.19-05-2026
3/4
Case No. 541 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973
read with corresponding Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to
the following conditions :
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his/her bail
bonds.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bond. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the concerned
Superintendent of Police within fifteen (15) days of his/her
release with a copy of this order and every two weeks
thereafter for the next nine months. The conduct of the
Patna High Court CR. MISC. No.33427 of 2026(2) dt.19-05-2026
4/4
petitioner will be kept under watch in this period by the
concerned Superintendent of Police and if it is found
wanting in any respect, a report shall be made to the Court
concerned by him/her to initiate a proceeding for
cancellation of bail of the petitioner for reasons of misuse
of bail. After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the Court
concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
krishna/sweta-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.