Patna High Court
Manish Pandey @ Diglish PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 380, 457
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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