Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
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granted anticipatory bail to Suraj Kumar subject to prescribed conditions and dismissed Manoj Kumar's application as withdrawn.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- Whether the petition for Manoj Kumar can be withdrawn after his arrest.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
- B.N.S.S., 2023 — s. 103(1), 137(2), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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