Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, in the absence of material linking the petitioner to the alleged offence, anticipatory bail must be granted.
Summary
Manoj Kumar sought anticipatory bail fearing arrest in a cyber‑case (Gopalganj PS Case No.12 of 2023) involving alleged offences under IPC sections 420, 406, 467, 468 and 471. The prosecution alleged that Vinod Kumar was caught with Rs.3,00,000 in a hawala transaction and claimed that the petitioner was also involved. The petitioner contended he was innocent, asserting that the only evidence against him was a chat with the main accused. The State opposed bail. The Court found no material linking the petitioner to the alleged crime and, therefore, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under IPC sections 420, 406, 467, 468 and 471.
- Whether there exists sufficient material evidence to establish the petitioner’s participation in the alleged hawala transaction.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- hawala
- cyber crime
- IPC sections 420
- IPC section 406
- IPC section 467
- IPC section 468
- IPC section 471
- Bihar
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88973 of 2025
Arising Out of PS. Case No.-12 Year-2023 Thana- Cyber P.S. District- Gopalganj
======================================================
Manoj Kumar Son of Laxman Prasad Resident of Purani Gurhatti, P.S.-
Bhagwan Bazar, District – Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 06-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Gopalganj (Cyber) P.S. Case No. 12 of 2023, registered for
offences punishable under Sections 420, 406, 467, 468 and 471
of the Indian Penal Code.
3. As per the prosecution case, one accused person
namely Vinod Kumar was caught along with Rs. 3,00,000/- who
was involved in Hawala transaction and the police has stated
that the petitioner was also involved in the same.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that there is no transaction and only there is
evidence of chatting with the main accused Vinod Kumar.
5. Learned APP for the State has vehemently opposes
the prayer for bail.
6. Considering the fact that there is no material to
Patna High Court CR. MISC. No.88973 of 2025(4) dt.06-05-2026
2/2
support the fact that the petitioner was also involved in the
alleged crime, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties
of the like amount each to the satisfaction of learned Court
concerned where the case is pending/successor court in
connection with Gopalganj (Cyber) P.S. Case No. 12 of 2023,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S./ under section 438(2) of the Cr.P.C., 1973.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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