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Patna High Court

Manish Kumar @ Manish SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to the petitioner subject to specified bond and surety conditions.

Summary

Manish Kumar (alias Manish Singh) was implicated in a robbery of Rs.2 lakh, alleged under Sections 304(2) and 303(2) of the Bihar Negotiable Instruments Act, 2023. He applied for anticipatory bail, asserting a clean criminal record, that the informant who lodged the FIR had a personal dispute with his family, and that he was falsely implicated. The petitioner’s counsel highlighted that the informant knew the accused’s family but omitted the name of the actual perpetrator, and argued that the petitioner would cooperate with the investigation. The State opposed the bail, contending a risk of non‑cooperation. The court, after considering the clean antecedent and the possibility of a land‑dispute motive, granted anticipatory bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties, and stipulated that the bail could be cancelled if the petitioner failed to cooperate. One of the sureties was ordered to be the petitioner’s father.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 304(2) and 303(2) of the B.N.S., 2023.
  • Whether the petitioner is likely to abscond or tamper with evidence.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • robbery
  • false implication
  • land dispute
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38414 of 2026
                     Arising Out of PS. Case No.-426 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Manish Kumar @ Manish Singh S/o- Nand Kishor Singh @ Kishori Singh
                 R/v- Loikai Belwa Ward No- 12 Damodarpur Ps- Pipra District- East
                 Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar
                 For the Opposite Party/s :        Mr. Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 304(2),

                   303(2) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 25.09.2025, he along with his mother after

                   withdrawing amount of Rs.2 lacs from State Bank of India bank

                   were coming back home, further at Sirisiya crossing two

                   accused came on a Honda motorcycle and snatched a bag

                   containing Rs.2 lacs which was kept on the handle of the bike,

                   further he recognized one accused as son of Kishori Singh and
Patna High Court CR. MISC. No.38414 of 2026(2) dt.24-06-2026
                                            2/3




          the accused who had accompanied him was seen near the bank

          who snatched the bag.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that Kishori Singh had two sons

          and from perusal of the allegation as alleged in the FIR, it would

          manifest that informant is knowing Kishori Singh but then for

          reasons best known he did not disclose the name of his son. It is

          further submitted that a specific pleading has been made in the

          anticipatory bail application that a land dispute in between the

          parties is brewing. It is also submitted that petitioner is not

          alleged to have snatched the bag containing money of the

          informant. It is also submitted that informant and petitioner

          were known to each other, as such it does not appear probable

          that petitioner could have indulged in the occurrence. It is

          further submitted that if privilege of anticipatory bail is granted,

          the petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner and taking into consideration the fact
             Patna High Court CR. MISC. No.38414 of 2026(2) dt.24-06-2026
                                                         3/3




                       that petitioner is a person with clean antecedent, the petitioner

                       above-named, in the event of his arrest or surrender within a

                       period of six weeks from today, be released on anticipatory bail

                       on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       the learned trial court where the case is pending/successor court

                       in connection with Pipra P.S. Case No.426 of 2025, subject to

                       the conditions as laid down under Section 482(2) B.N.S.S.

                                    7. Further, one of the bailors of the petitioner shall be

                       his father, namely, Nand Kishor Singh @ Kishori Singh.

                                    8. However, it is made clear that in the event if the

                       Investigating Officer of the case files an application before the

                       learned trial court bringing to its notice that the petitioner

                       despite giving assurance to this court is not co-operating in the

                       investigation in that event the learned trial court shall be at

                       liberty to cancel the bail bonds of the petitioner.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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