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Patna High Court

Manjesh Kumar Singh @ Manjesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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