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Patna High Court

Manish Pandey @ Diglish PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

Manish Pandey applied for anticipatory bail fearing arrest in a case registered under Sections 457 and 380 of the Indian Penal Code for alleged looting of cash and valuables from an informant's house. The FIR named several accused, and Pandey's name surfaced in a co‑accused's confessional statement, though no stolen articles were recovered from him and he claimed a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the facts, ordered that Pandey be released on anticipatory bail provided he surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 438(2) of the CrPC and Section 482(2) of the CrPC. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under IPC Sections 457 and 380.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
  • Whether the co‑accused's confessional statement alone suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Section 457
  • Section 380
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5553 of 2026
                   Arising Out of PS. Case No.-191 Year-2022 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Manish Pandey @ Diglish Pandey S/O Late Suneshwar Pandey Resident of
                 Village- Jaladi Tola, P.S- Uchakagaon, District- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pankaj Kumar Dubey
                 For the Opposite Party/s :      Mrs.Pushpa Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                   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 offence under Sections 457, 380 of the Indian

                   Penal Code.

                                3. As per F.I.R., named accused persons along with

                   others looted cash and other valuable articles from the house of

                   informant.

                                4.    Name     of    the    petitioner     transpired     during

                   investigation in the confessional statement of co-accused Abhay

                   Pandey. No incriminating/stolen article has been recovered from

                   possession of this petitioner. Petitioner claims clean antecedent.

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

                   anticipatory bail.
             Patna High Court CR. MISC. No.5553 of 2026(2) dt.04-02-2026
                                                         2/2




                                    6. Considering the aforesaid facts and circumstances,

                       in the event of arrest/surrender before the Court below within a

                       period of eight weeks from today, let the above named petitioner

                       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 J.M. 1st Class, Gopalganj in connection

                       with Uchakagaon P.S. Case No. 191 of 2022, subject to

                       condition as laid down under Section 438(2) of the Cr.P.C. /

                       Section 482(2) of the B.N.S.S.



                                             (Prabhat Kumar Singh, J)
anay/-

U        T


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