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Patna High Court

Manu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that pre‑arrest bail could not be granted as the seriousness of the offences and the petitioner’s criminal record outweighed any grounds for release.

Summary

Manu Kumar, the petitioner, sought pre‑arrest bail after the State of Bihar initiated proceedings under sections 305(1) and 331(4) of the Bihar Negotiable Instruments Act for a theft of ornaments and cash. The FIR did not name him, but a co‑accused’s confessional statement implicated the petitioner as a purchaser of stolen property. The petitioner also has four prior criminal convictions of a similar nature. The court examined the seriousness of the alleged offences, the evidentiary link through the co‑accused’s statement, and the petitioner’s criminal antecedents. Considering these factors, the court rejected the petition for pre‑arrest bail, concluding that the circumstances did not warrant release before arrest.

Issues considered

  • Whether pre‑arrest bail should be granted to the petitioner under sections 305(1) and 331(4) of the Bihar Negotiable Instruments Act despite not being named in the FIR but implicated through a co‑accused’s statement.
  • Whether the petitioner’s prior criminal antecedents and the gravity of the alleged theft justify denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • bail
  • theft
  • criminal antecedents
  • Bihar Negotiable Instruments Act
  • sections 305
  • section 331
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5418 of 2026
                      Arising Out of PS. Case No.-79 Year-2025 Thana- AYARKOTHA District- Rohtas
                 ======================================================
                 Manu Kumar Son of Shiv Lal Sah Resident of Village- Pawani, P.S.-
                 Nasariganj, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                        Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under section 305 (1) and 331 ( 4 ) of

                   BNS.

                                3 . As per the prosecution case , informant alleged that

                   on 28/29.06.2025 at about 11:30 PM, some unknown miscreants

                   committed theft of ornaments and cash of Rs. 3,00,000/- from

                   the house of this informant.

                                4. From perusal of the record, it appears                       that

                   petitioner is not named in the F.I.R. The name of the petitioner

                   transpired in the confessional statement of the co-accused who

                   stated that this petitioner is involved in this case and he along

                   with others used to sell stolen property to this petitioner.
            Patna High Court CR. MISC. No.5418 of 2026(2) dt.03-02-2026
                                                        2/2




                      Petitioner has got 4 criminal antecedents of similar nature .

                                   5 . Considering the nature of accusation , criminal

                      antecedents of petitioner and gravity of offence , prayer for pre-

                      arrest bail of the petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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