Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted pre‑arrest bail to the petitioner, subject to a bond and conditions under Section 482 of the Bihar Negotiable Instruments Act.
Summary
Manish Kumar petitioned the Patna High Court seeking pre‑arrest bail in a case registered under sections 103(1) and 238 of the Bihar Negotiable Instruments Act. The prosecution alleged that the petitioner was involved in the killing of a child, but the petitioner’s name does not appear in the FIR; it only emerged from the confessional statement of co‑accused Birendra Rai. The State opposed the bail, arguing the seriousness of the accusation. The Court noted the lack of any evidence against the petitioner apart from the co‑accused’s confession and therefore granted pre‑arrest bail, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482 of the same Act. The bail order was conditioned on surrender or arrest within eight weeks and compliance with the stipulated terms.
Issues considered
- What is the appropriate standard for granting pre‑arrest bail when the petitioner is not named in the FIR but is implicated only through a co‑accused’s confessional statement?
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 238, 482
Subjects
- pre‑arrest bail
- criminal procedure
- confessional statement
- FIR
- Section 103
- Section 238
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80315 of 2025
Arising Out of PS. Case No.-517 Year-2024 Thana- DUMRA District- Sitamarhi
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Manish Kumar Son of Ram Chandra Rai @ Ram Chandra Ray R/o Village -
Vishwanathpur, Ward no. - 2(old) 2 @ Vishwanathpur ward no. - 44(New),
P.S. - Dumra, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar , Advocate
Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Murli Dhar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 103(1), 238 of the B.N.S.
3 . As per prosecution story , informant alleged that on
15.11.2024, he got an information that his son has been killed by
accused persons including this petitioner and thrown near
Barharwa bridge .
4. It is submitted on behalf of the petitioner that
petitioner is not named in the F.I.R. The name of the petitioner
transpired during course of investigation in the confessional
statement of co-accused Birendra Rai. Save and except,
confessional statement of co-accused there is nothing on record
to show the involvement of petitioner in the alleged occurrence .
Patna High Court CR. MISC. No.80315 of 2025(2) dt.09-02-2026
2/2
5 . Learned counsel for the State opposes the prayer
for pre-arrest bail.
6. Considering the nature of accusation, prayer for
bail of all these petitioner is allowed. In the event of
arrest/surrender within eight weeks from today, let these
petitioners, mentioned above, 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 Chief Judicial
Magistrate, Sitamarhi/competent jurisdiction in Dumra P.S.
Case No. 517 of 2024 , subject to the conditions laid down
under section 482 of the B.N.S.S.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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