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Patna High Court

Manu Kumar @ Abhimanyu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Manu Kumar petitioned for anticipatory bail fearing arrest in a robbery case (Section 392 IPC) where he alleges he was falsely implicated. The FIR named unknown persons; his name surfaced only from a co-accused’s confessional statement in a separate case. He claims innocence and points to his lack of involvement, while the State opposes bail citing his two prior criminal antecedents of a similar nature. The Patna High Court, after considering the seriousness of the offence and the petitioner’s criminal record, declined to grant anticipatory bail. The court, however, allowed the petitioner to surrender within six weeks and seek regular bail, which would be decided on its merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the robbery case and his criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • robbery
  • IPC Section 392
  • criminal antecedent
  • bail jurisdiction
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7483 of 2026
                       Arising Out of PS. Case No.-474 Year-2023 Thana- MASHRAK District- Saran
                 ======================================================
                 Manu Kumar @ Abhimanyu Kumar S/O late Suresh Prasad R/o Village
                 Gamhriya, P.s.- Baikuntpur, District- Gopalganj
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mashrak P.S. Case No. 474 of 2023 instituted for the

                   offences under Section 392 of the Indian Penal Code.

                                3. As per prosecution case, informant was accosted

                   with four unknown miscreants while he was on his way and on

                   gun point, they looted cash to the tune of Rs. 1,10,000/-, bag

                   and motorcycle from the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Petitioner is not named in the FIR and the same

                   has been lodged against unknown persons. The name of the

                   petitioner has come into light on the basis of confessional
           Patna High Court CR. MISC. No.7483 of 2026(2) dt.04-02-2026
                                                       2/2




                     statement of co-accused Bittu Kumar, who has been interrogated

                     in the another case. The petitioner has got no concern with the

                     alleged occurrence. It has been submitted on behalf of the

                     petitioner that the petitioner has two criminal antecedent.

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

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, taking into consideration the criminal antecedents of

                     similar nature, in my view, this is not a fit case for anticipatory

                     bail, I am not inclined to grant anticipatory bail to the petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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