Patna High Court
Manjesh Kumar Singh @ Manjesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
Manjesh Kumar Singh sought anticipatory bail after being implicated in a case (PS Case No.258/2022) for offences under IPC sections 341, 323, 307, 379, 504 and 34. He claimed a clean record and alleged that the informant fabricated the charges to recover a loan, asserting that the police had only issued a Section 41A notice and never felt the need to arrest him. The petitioner argued that, given the lack of arrest and the circumstances, granting anticipatory bail was appropriate. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the police have not arrested the petitioner despite a charge sheet.
- Whether the petitioner’s alleged false implication and clean antecedent justify bail under the inherent powers of the High Court.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 41A, 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
Subjects
- anticipatory bail
- false implication
- IPC offences
- Section 41A
- Section 482
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66910 of 2025
Arising Out of PS. Case No.-258 Year-2022 Thana- DHORAIYA District- Banka
======================================================
Manjesh Kumar Singh @ Manjesh Kumar S/o Ramvriksha Singh R/o Village-
Kaswa, Makaita, P.S.- Dhoraiya, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-02-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences u/s 341, 323, 307, 379, 504 and 34 of
I.P.C.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and informant
alleges that on 10.07.2022 at about 8.00 hrs, while he was going
to his house from the market along with his wife then on the
way the accused persons including the petitioner intercepted
them and demanded extortion of Rs.10,000/- from his wife, on
objection, it is alleged that accused persons dashed the
informant on ground and assaulted by an iron rod causing injury
on head and also snatched Rs.10,000/- and gold chain from his
Patna High Court CR. MISC. No.66910 of 2025(2) dt.10-02-2026
2/3
wife.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that it does not appear probable
that in a market place, the occurrence of the nature, as alleged,
would have taken place. It is also submitted that Kranti Singh
had given loan to the informant and when he demanded his
money back, the present false case came to be instituted but then
it is fairly submitted that an altercation had taken place, in
which, both side assaulted each other. It is also submitted that
police during the course of investigation had given notice under
Section 41(A) of Cr.P.C. to the petitioner and petitioner
cooperated in the investigation, thus the police never felt the
need of arresting the petitioner but then charge sheet came to be
submitted, as such petitioner apprehends his arrest. It is next
submitted that when police during the course of investigation
never felt the need of arresting the petitioner, whether it would
be prudent for the Court to send the petitioner based on an order
of cognizance which came to be taken based on the charge sheet
submitted by the police.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.66910 of 2025(2) dt.10-02-2026
3/3
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Dhoriya P.S. Case No.258 of 2022, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
amit/-
U T
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