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Patna High Court

Manjesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner, holding that the general and omnibus nature of the accusations did not justify denial of bail.

Summary

The petitioner, Manjesh Kumar Singh, sought anticipatory bail fearing arrest in a case involving multiple IPC offences arising from a sand‑mafia incident where an overloaded truck hit a motorcyclist and a mob attacked police officials. The prosecution alleged that the petitioner was part of the mob that looted police officers and assaulted them, citing sections 147, 148, 149, 341, 323, 188, 186, 324, 307, 332, 353, 379 and 120B of the Indian Penal Code. The petitioner contended he was neither the owner nor driver of any seized trucks and that the allegations were general and omnibus without specific overt acts attributed to him. He also highlighted that similarly situated co‑accused had previously been granted anticipatory bail by the same court. The court, noting the vague nature of the accusations and the principle of parity, allowed the prayer for anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2).

Issues considered

  • What is the appropriateness of granting anticipatory bail when the allegations against the petitioner are general and omnibus in nature?
  • Whether the petitioner’s alleged involvement in the offences under the listed IPC sections warrants denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • sand mafia
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions
  • high speed vehicle accident

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5573 of 2026
                     Arising Out of PS. Case No.-252 Year-2021 Thana- AWTARNAGAR District- Saran
                 ======================================================
                 Manjesh Kumar Singh S/o Late Baban Singh Resident of Village- Goraipur,
                 P.S.- Awatar Nagar, Dist.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Tejpratap Singh, Advocate
                 For the State           :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 147, 148,

                   149, 341, 323, 188, 186, 324, 307, 332, 353, 379 and 120(B) of

                   the Indian Penal Code.

                                3. As per prosecution case, on 06.09.2021 at about 6

                   PM, while the informant, along with other officials, was busy to

                   bring 19 trucks seized with overloaded sand to Police Station

                   near Haraji More, one empty truck bearing Reg. No. UP52T-

                   6810 came in high speed and dashed a motorcyclist, namely Raj

                   Mohan, due to which he died on the spot. Thereafter, the local

                   people, at the instance of local sand-Mafia, attacked the raiding

                   party with sticks, bricks and stones causing injuries to S. I.
Patna High Court CR. MISC. No.5573 of 2026(2) dt.11-02-2026
                                            2/3




          Amitesh Kumar of Garkha P.S. and Chaukidar Jawed and also

          looted mobile sets of the said S. I. The local Chaukidar

          identified all the 32 sand Mafias beside the Driver and ‘Khalasi’

          of seized trucks among the mob of 500 local people.

                        4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Allegation of assault is general and

          omnibus and no specific accusation of overt act has been alleged

          against this petitioner. Petitioner is neither owner nor driver of

          any of the seized trucks. Moreover, injuries, allegedly caused by

          the accused persons, are simple in nature. It is further submitted

          that similarly situated co-accused persons have already been

          granted the privilege of anticipatory bail by Co-ordinate

          Benches of this Hon’ble Court vide order dated 23.05.2023

          passed in Cr. Misc. No. 14959 of 2023, order dated 05.12.2022

          passed in Cr. Misc. No. 32633 of 2022 and order dated

          06.12.2022 passed in Cr. Misc. No. 37542 of 2022.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and claim based
             Patna High Court CR. MISC. No.5573 of 2026(2) dt.11-02-2026
                                                         3/3




                       on parity, the prayer for grant of anticipatory bail to the

                       petitioner is allowed.

                                    7. Accordingly, in the event of arrest/surrender 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 Judicial Magistrate 1st Class,

                       Saran at Chapra in connection with Awtar Nagar P.S. Case No.

                       252 of 2021, subject to condition as laid down under Section

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



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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