Patna High Court
Manoj kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court permitted withdrawal of the pre‑arrest bail petition, directed the petitioner to surrender, and ordered the District Court to consider a regular bail application on merits.
Summary
Manoj Kumar petitioned the Patna High Court for pre‑arrest bail in a 2013 case involving offences under Sections 467, 468, 471, 420, 406 and 120(b) of the IPC. During the hearing, he requested to withdraw the pre‑arrest bail petition and instead surrender to the District Court to seek regular bail. The Court accepted this submission, directing the petitioner to surrender and the District Court to consider his regular bail application on the merits, based on the investigation material. The High Court ordered the District Court to decide the bail application without delay. Consequently, the pre‑arrest bail petition was disposed of.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in the present case
- Whether the petitioner may withdraw the pre‑arrest bail petition and surrender to seek regular bail
Legislation cited
- Indian Penal Code — s. 120(b), 406, 420, 467, 468, 471
Subjects
- pre‑arrest bail
- regular bail
- IPC
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5740 of 2026
Arising Out of PS. Case No.-125 Year-2013 Thana- DHORAIYA District- Banka
======================================================
Manoj kumar S/o Janardan Singh R/o Village - Indupur, P.S - Barahiya,
District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 06-04-2026 Heard Mr. Manoj Kumar Pandey, learned counsel
appearing on behalf of the petitioner and Mr. Vinod Shanker
Modi, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Dhoraiya P.S. Case No. 125 of 2013 registered for the
offence(s) punishable under Sections 467, 468, 471, 420, 406,
120(b) of the IPC.
3. After some arguments, learned counsel appearing
on behalf of the petitioner seeks to withdraw the present petition
with a liberty to the petitioner to surrender and seek regular bail
before the learned District Court.
4. Considering the aforesaid submission made on
behalf of the petitioner, the petitioner, if so advised, may
surrender before the learned District Court and seek regular bail.
Patna High Court CR. MISC. No.5740 of 2026(4) dt.06-04-2026
2/2
In that case, the learned District Court is directed to consider the
bail application of the petitioner forthwith on merits and pass
necessary order on the basis of material which has come in
course of investigation without delay.
5. The present petition stand disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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