Patna High Court

Manish Yadubanshi @ Manish RajversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that anticipatory bail is warranted, subject to the stipulated conditions.

Summary

The petitioners sought anticipatory bail fearing arrest in a case registered under Sections 279, 147, 149, 323, 308, 379 and 504 of the Indian Penal Code relating to a motorcycle assault, robbery and assault with weapons. The FIR described two persons on a motorcycle assaulting an informant, damaging his vehicle and snatching a gold chain, but the petitioners argued that the complaint was vague and did not specifically allege any overt act against them. The State opposed the bail, contending the seriousness of the offences. The Court examined the allegations, noted the lack of specific incriminating details against the petitioners, and considered the precedent of anticipatory bail granted to a co‑accused. It ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, and conditioned the bail on surrender within eight weeks and compliance with Sections 438(2) CrPC and 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC given the FIR allegations.
Whether the FIR discloses specific overt acts sufficient to deny anticipatory bail.
Whether the State's opposition justifies refusal of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Indian Penal Code — s. 147, 149, 279, 308, 323, 379, 504

Subjects

anticipatory bail
Section 438 CrPC
Section 482 CrPC
IPC offences
assault
robbery
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79765 of 2025
                   Arising Out of PS. Case No.-357 Year-2020 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
           1.     Manish Yadubanshi @ Manish Raj S/O Mahesh Kumar @ Laddu Yadav R/O
                  Village- Kavaiya Road, Kavaiya, P. S.- Kavaiya, District- Lakhisarai.
           2.    Ravi Kumar S/O Shailendra Yadav R/O Village- Kavaiya Road, Kavaiya, P.
                 S.- Kavaiya, District- Lakhisarai.
           3.    Manish Kumar S/O Bindeshwari Yadav R/O Village- Chamghara, P. S.-
                 Halsi, District- Lakhisarai.
           4.     Vivek Kumar S/O Ajay Ram R/O Village- Bilaori, P. S.- Lakhisarai, District-
                  Lakhisarai.
                                                                            ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar
                 For the Opposite Party/s :       Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                      Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 279, 147, 149, 323,

                   308, 379, 504 of the Indian Penal Code.

                                3. As per F.I.R., on 10.07.2020, two persons riding on

                   motorcycle dashed the motorcycle of informant and thereafter,

                   they alongwith some other persons abused and assaulted

                   informant and one other person by means of Lathi, Danda and

                   Bricks. The accused persons also damaged motorcycle & helmet

                   of informant and snatched gold chain from the neck of

                   informant.

                                4. Learned counsel for the petitioners submits that due
             Patna High Court CR. MISC. No.79765 of 2025(2) dt.09-02-2026
                                                         2/2




                       to motorcycle accident, a simple Maarpeet took place.

                       Allegation of assault is general and omnibus and no specific

                       overt act has been alleged against these petitioners.    Similarly

                       situated co-accused Rahul Kumar has already been granted

                       anticipatory bail by this Court, vide order dated 01.11.2025

                       passed in Cr.Misc. No. 72389 of 2025.

                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail.

                                    6. Considering the aforesaid facts and circumstances,

                       in the event of arrest/surrender before the Trial Court 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 J.M. 1st Class, Lakhisarai in connection

                       with Lakhisarai (Kabaiya) P.S. Case No. 357 of 2020, subject to

                       condition as laid down under Section 438(2) of the Cr.P.C. /

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



                                             (Prabhat Kumar Singh, J)
anay/-

U        T

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