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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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Anticipatory bail was granted to Manish Kumar with conditions, and the application of Vikash Kumar was dismissed as withdrawn.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 The application for Vikash Kumar was withdrawn, and the anticipatory bail for Manish Kumar was granted.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  • Whether the anticipatory bail application of Vikash Kumar can be withdrawn after his arrest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
                                                           3/3




                         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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