Patna High Court
Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that anticipatory bail may be granted in view of the accounting nature of the dispute and imposed reasonable conditions for its release.
Summary
Manoj Yadav, an employee of a chicken firm, was implicated in a case (Hisua P.S. Case No. 177 of 2025) for alleged cheating and theft under sections 316(3), 318(4) and 303(2) of the B.N.S, 2023. He applied for anticipatory bail fearing arrest, while the State opposed on the ground of his prior criminal antecedent, though he was already on bail in the matter. The court examined the nature of the dispute, noting it was essentially an accounting disagreement over the sale of chicken, and considered the bail conditions appropriate. It granted anticipatory bail subject to a Rs.10,000 bond, two sureties, cooperation with investigation, and compliance with Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023. The order directs that the petitioner be released on bail if arrested within four weeks, thereby protecting his liberty while the investigation proceeds.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023 despite the allegations of cheating and theft.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 303(2), 316(3), 318(4)
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- cheating
- theft
- Section 438 CrPC
- Section 482 B.N.S.S
- bail conditions
- prior criminal antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88169 of 2025
Arising Out of PS. Case No.-177 Year-2025 Thana- HISUWA District- Nawada
======================================================
Manoj Yadav S/o Arjun Yadav R/o Village - Malukabigha, P.S - Hisua,
District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Hisua P.S. Case no.177 of 2025 registered under sections
316(3), 318(4) and 303(2) of B.N.S, 2023.
3. The allegations in the F.I.R is that petitioner Manoj
Yadav, who was working as an employee of informant’s firm,
sold some chicken without informing the informant’s firm
thereby causing offence of cheating and theft.
4. Learned counsel for the petitioner submits that
petitioner is an employee of informant’s chicken firm. On
account of some altercation between them, he has been made an
accused in the present case.
5. The application for anticipatory bail is opposed by
Patna High Court CR. MISC. No.88169 of 2025(2) dt.15-01-2026
2/2
learned A.P.P. for the State on the ground that petitioner has one
criminal antecedent. In response, learned counsel for the
petitioner submits that he is on bail in the said case.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that the
matter relates to some accounting dispute between the parties on
account of selling of chicken by the petitioner, it is directed that
the petitioner, above named, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with Hisua
P.S. Case no.177 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court subject to the condition laid
down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to
the further condition that he shall co-operate in
investigation/trial.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…