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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to Suraj Kumar subject to prescribed conditions and dismissed Manoj Kumar's application as withdrawn.

Summary

Manoj Kumar and Suraj Kumar filed an anticipatory bail petition. Manoj withdrew his request after being arrested, leading the court to dismiss his bail application. Suraj sought anticipatory bail for alleged offences under Sections 137(2) and 103(1) of the B.N.S., 2023, with the only evidence being a co‑accused's confession and no other material linking him to the crime. The State opposed the bail. The court, noting the lack of substantive evidence and Suraj's clean antecedents, granted him anticipatory bail on a Rs.10,000 bond with two sureties, subject to surrender within eight weeks and conditions under Section 438(2) of the Cr.P.C. and Section 482 of the B.N.S.S., 2023, and disposed of the application.

Issues considered

  • Whether anticipatory bail should be granted to Suraj Kumar given the limited evidentiary material.
  • Whether the petition for Manoj Kumar can be withdrawn after his arrest.
  • Whether the conditions under Section 438(2) Cr.P.C. and Section 482 B.N.S.S., 2023 are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of bail application
  • confession of co‑accused
  • clean antecedent
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S., 2023
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81531 of 2025
                        Arising Out of PS. Case No.-133 Year-2025 Thana- BELCHHI District- Patna
                 ======================================================
           1.     Manoj Kumar S/o Masudan @ Maksudan Paswan R/o vill - Berhna, P.S.-
                  Barh, Distt.- Patna
           2.    Suraj Kumar S/o Munna Paswan R/o vill - Berhna, P.S.- Barh, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Kashyap
                 For the Opposite Party/s :        Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   27-02-2026                     At the outset, learned counsel for the petitioners

                   seeks permission to withdraw this bail application, so far as

                   petitioner no. 1 is concerned, since during pendency of this case,

                   he has been arrested.

                                2. The anticipatory bail petition stands dismissed as

                   withdrawn, so far as petitioner no. 1 (Manoj Kumar) is

                   concerned.

                                3. Sole petitioner (i.e. petitioner no. 2) apprehends his

                   arrest in a case registered for the offence under Sections 137(2),

                   103(1) of the B.N.S., 2023.

                                4. As per prosecution case, on 07.07.2025 at about 10

                   PM, brother of informant went towards Ekdanga bridge, but did

                   not return and on search, he could not be traced out.
           Patna High Court CR. MISC. No.81531 of 2025(3) dt.27-02-2026
                                                       2/2




                                   5. F.I.R. is lodged against unknown. Name of the

                     petitioner transpired during investigation in the confessional

                     statement of co-accused Boby Kumar. Save & except confession

                     of co-accused, there is no other material against this petitioner

                     to show his complicity in the alleged offence. Petitioner claims

                     clean antecedent.

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

                     anticipatory bail.

                                  7. Considering the aforesaid facts and circumstances,

                     in the event of arrest/surrender within a period of eight weeks

                     from today, let the petitioner namely Suraj Kumar 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 S.D.J.M., Barh, Patna in connection with Belchhi P.S.

                     Case No. 133 of 2025, subject to condition as laid down under

                     Section 438(2) of the Cr.P.C. / Section 482 of the B.N.S.S.,

                     2023.

                                  8. This application is, accordingly, disposed of.



                                                        (Prabhat Kumar Singh, J)
anay

U      T


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