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Patna High Court

Manoj Kumar @ Manoj Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

Manoj Kumar Yadav sought anticipatory bail after being implicated in a case (PS Case No. 593 of 2025) involving alleged offences under Sections 319(2), 318(4), 338, 336(3), 340(1), 61(2) and 3(5) of the BNS. The prosecution alleged that Abhishek Yadav, acting on behalf of the petitioner, forged documents to appear in a Home Guard examination and was caught in the act, making the petitioner a beneficiary of the illegal act. The petitioner argued that he feared arrest and therefore applied for anticipatory bail. The Court examined the seriousness of the alleged offences and the direct involvement of the petitioner as a beneficiary, and concluded that granting bail would be inappropriate. Consequently, the Court dismissed the anticipatory bail application and ordered the petitioner to surrender before the lower court within four weeks and seek regular bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged forgery and related offences.

Legislation cited

  • BNS — s. 318(4), 319(2), 336(3), 338, 340(1), 3(5), 61(2)

Subjects

  • anticipatory bail
  • forgery
  • criminal procedure
  • bail jurisdiction
  • section 319
  • section 318
  • section 338
  • section 336
  • section 340
  • section 61
  • section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80354 of 2025
                  Arising Out of PS. Case No.-593 Year-2025 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Manoj Kumar @ Manoj Kumar Yadav S/O Dinesh Yadav R/O Kantakosh,
                 P.S- Manihari, Distt.- Katihar.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjeev Kumar Singh
                 For the Opposite Party/s :        Mr.Pramod Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Katihar Nagar P.S. Case No. 593 of 2025

                   registered for the offence under Sections 319(2), 318(4), 338,

                   336(3), 340(1), 61(2), 3(5) of the BNS.

                                   3. One Abhishek Yadav, in place of the petitioner,

                   is said to have appeared in the Home Guard examination by

                   forging the documents. Abhishek Yadav was caught on the spot

                   and the petitioner is the beneficiary of the illegal act done by

                   Abhishek Yadav.

                                     4. Considering the aforesaid facts, this Court is

                   not inclined to grant anticipatory bail to the petitioner.
          Patna High Court CR. MISC. No.80354 of 2025(4) dt.10-03-2026
                                                      2/2




                                     5.    Accordingly, this application for anticipatory

                    bail is dismissed.

                                    6. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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