Patna High Court
Manu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Negotiable Instruments Act — s. 305(1), 331(4)
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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