Patna High Court
Manish Singh @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner, subject to surrender within eight weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Manish Singh applied for anticipatory bail after learning that he might be arrested in a murder case (Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita) and a weapons offence (Section 27 of the Arms Act). The prosecution alleged that unknown miscreants killed the husband of an informant, and the petitioner’s name surfaced only in a co‑accused’s confessional statement, not in the FIR. The petitioner asserted innocence, clean antecedent, and pointed out that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail. The Court, after considering the nature of the accusation and the lack of direct evidence against the petitioner, allowed anticipatory bail subject to surrender within eight weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner given the allegations under the Bharatiya Nyaya Sanhita and the Arms Act?
- Does the absence of the petitioner’s name in the FIR and reliance on a co‑accused’s confessional statement justify anticipatory bail?
- Are the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, sufficient to safeguard the trial process?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- murder
- arms act
- clean antecedent
- bail conditions
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38199 of 2026
Arising Out of PS. Case No.-419 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Manish Singh @ Manish Kumar S/o Sri Sudhir Prasad Singh @ Sudhir Singh
Resident of village- Jaitipur, PS- Lalganj, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Pranshu, Mr. Deepak Kumar, Advocates
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103(1), 61(2) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, some unknown miscreants
committed murder of the husband of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name surfaced during course
of investigation in confessional statement of co-accused. During
course of investigation, injured Guddu Singh was also examined
by the police but he also did not name this petitioner as the
assailant. Similarly situated co-accused persons have already
Patna High Court CR. MISC. No.38199 of 2026(2) dt.25-06-2026
2/2
been granted anticipatory bail by this Court vide order dated
09.02.2026 passed in Cr. Misc. No. 85604 of 2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged 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
Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar
P. S. Case No. 419 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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