Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered that the petitioner be released on anticipatory bail, subject to bond, sureties and compliance with Section 482(2) of the B.N.S.S.
Summary
Manish Kumar, a student with a clean record, feared arrest in a case registered under Sections 108, 351(3) and 61(2) of the B.N.S., 2023, alleging his involvement in the alleged suicide of his son. The petitioner claimed the allegations were false, stating that the informant’s son was mentally tortured by a college colleague, Mansi Priya, and that the video recovered from the deceased named the petitioner only under duress. The post‑mortem report showed no external injuries, contradicting the claim of assault. The petitioner sought anticipatory bail, arguing that the case against him was similar to a related bail order granted to Kundan Kumar. The Court, after hearing the counsel, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S.
- Whether the petitioner is likely to be falsely implicated in the offences under Sections 108, 351(3) and 61(2) of the B.N.S., 2023
Legislation cited
- B.N.S., 2023 — s. 108, 351(3), 61(2)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- false implication
- suicide
- harassment
- Section 482
- bail conditions
- post‑mortem report
- video evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86156 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Manish Kumar S/O Bhagynarayn Ray @ Bhagya Narayan Rai R/O Village-
Bairagi Tola, Bakhri, P.S- Kalyanpur, Distt.- East-Champaran (Motihari).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Senior Advocate
Mr. Lokesh Kumar Singh, Advocate
Mr. Umang Mohan, Advocate
Ms. Shambhavi Suyesha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 13-03-2026 Heard Mr. Baxi S.R.P. Sinha, learned Senior Counsel
assisted by Mr. Lokesh Kumar Singh for the petitioner and
learned APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 108, 351(3) and
61(2) of B.N.S., 2023.
3. Learned Senior Counsel for the petitioner submits
that petitioner is a person with clean antecedent and is a student
and the informant alleges that his son from college had come
home on the eve of Holi and disclosed that his colleague Mansi
Priya tortures him mentally for performing marriage and even
sends obscene messages on his mobile and threatens that if he
Patna High Court CR. MISC. No.86156 of 2025(3) dt.13-03-2026
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will not marry her, she will make his life miserable with the help
of students of the college and boys of the village, next alleges
that on 24.03.2025 he was informed by the police that his son
has committed suicide, thus alleges that his son committed
suicide on account of torture meted out by Mansi Priya and
others.
4. Learned Senior Counsel for the petitioner submits
that petitioner has been falsely implicated in the instant case by
the informant. It is next submitted that petitioner is not named in
the FIR but then during the course of investigation, the video of
the deceased was recovered and from perusal of the same, it
manifested that the deceased prior to committing suicide had
made a video wherein he had named the petitioner also as one
his tormentors at the behest of Mansi Priya and also that
petitioner along with Kundan had assaulted him a day prior
causing injury on body. Learned Senior Counsel for the
petitioner further submits that from perusal of the post mortem
report, it would manifest that the same specifically records that
no external injury was found on the body of the deceased. It is
also submitted that thrust of the allegation is against Mansi
Priya but then police after interrogating her allowed her to
accompany her parents and brother. It is next submitted that
Patna High Court CR. MISC. No.86156 of 2025(3) dt.13-03-2026
3/3
Kundan Kumar had approached this Court seeking anticipatory
bail by filing Cr. Misc. No.8745 of 2026 and the same came to
be allowed by an order dated 23.02.2026 passed by a learned
Coordinate Bench. It is also submitted that case of the petitioner,
if not akin, is on a similar footing.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by learned
Senior Counsel for the petitioner, let petitioner, above named, in
the event of his arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Gopalganj in connection with Vishambharpur P.S.
Case No.57 of 2025, subject to the conditions laid down under
Section 482(2) of B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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