Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to Manish Kumar with conditions, and the application of Vikash Kumar was dismissed as withdrawn.
Summary
Manish Kumar and Vikash Kumar filed anticipatory bail applications in a case registered under multiple sections of the B.N.S. Vikash Kumar was arrested while his application was pending, and the court granted permission to withdraw his application, resulting in its dismissal. Manish Kumar, who claims a clean record and alleges false implication, sought anticipatory bail, arguing that he was not named in the FIR and was only identified through CCTV after voluntarily visiting the scene. The State opposed the bail. Considering the submissions, the court ordered that Manish Kumar be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to Section 482(2) conditions. The application for Vikash Kumar was withdrawn, and the anticipatory bail for Manish Kumar was granted.
Issues considered
- Whether anticipatory bail should be granted to Manish Kumar under the listed sections of the B.N.S.
- Whether the anticipatory bail application of Vikash Kumar can be withdrawn after his arrest
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 132, 190, 191(2)(3), 223, 324(4), 351(2), 352, 61(2)
Subjects
- anticipatory bail
- false implication
- FIR
- CCTV evidence
- bail bond
- Section 482(2) of B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84405 of 2025
Arising Out of PS. Case No.-343 Year-2024 Thana- BHAGALPUR KOTWALI District-
Bhagalpur
======================================================
1. Manish Kumar S/o Parmanand Mandal R/o Village- Parbatti, Near Durga
Asthan, PS- University, District- Bhagalpur
2. Vikash Kumar S/o Vijay Kumar R/o Labbu Pasi Lane, P.S.- University,
Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar Jha
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The learned counsel for the petitioners, at the
outset, seeks permission to withdraw the present anticipatory
bail application with respect to petitioner no.2, Vikash Kumar,
who was arrested during pendency of the instant anticipatory
bail application.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with respect to petitioner no.2, Vikash Kumar.
5. The petitioner no.1 seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.84405 of 2025(2) dt.18-02-2026
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Sections 190, 191(2)(3), 115(2), 118(1), 109, 132, 324(4), 352,
351(2), 223 and 61(2) of the B.N.S.
6. The learned counsel for the petitioner submits that
the petitioner no.1 is a person with clean antecedent and the
informant alleges that on the eve of Kali Puja a procession was
taken out in which ruckus was created and the accused persons
used filthy language against the Present and Secretary of Sri Sri
108 Kali Maharani Mahanagar Kendriya Maha Samiti, on
account of which, stampede like situation arose.
7. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case. It is
further submitted that petitioner is not named in the FIR and
during the course of investigation based on CCTV footage his
name transpired, but then, petitioner is a resident of a place
which is closed to the place of occurrence, as such, petitioner
out of inquisitiveness had come to the place of occurrence to
witness the occurrence when he came to be implicated.
8. Learned A.P.P. opposes the anticipatory bail
application.
9. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.1, above-named, in
the event of his arrest or surrender within a period of six weeks,
Patna High Court CR. MISC. No.84405 of 2025(2) dt.18-02-2026
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is directed to be released on anticipatory bail on his furnishing
bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/successor
Court in connection with Kotwali P. S. Case No.343 of 2024,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
10. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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