Patna High Court

Manish Kumar @ Raja Yadav @ Manish Kumar RajaversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner under Section 438 CrPC.

Summary

Manish Kumar Raja applied for anticipatory bail fearing arrest in a robbery case (Section 392 IPC) where a bank manager’s bag was allegedly snatched. The prosecution’s case is based on a confessional statement of co‑accused Vikash Kumar, which mentions the petitioner, though no material was recovered from him and he has no criminal record. The petitioner argued that he was falsely implicated and that a similarly situated co‑accused had been granted anticipatory bail in Cr. Misc. No. 82751 of 2024. The State opposed the bail. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations and the confessional statement of a co‑accused.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 392

Subjects

anticipatory bail
Section 438 CrPC
robbery
Section 392 IPC
confessional statement
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89719 of 2025
                     Arising Out of PS. Case No.-762 Year-2023 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Manish Kumar @ Raja Yadav @ Manish Kumar Raja, S/O Santosh Yadav,
                 Resident of Village- Nathpur, Police Station- Narpatganj, District- Araria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection

                   with Narpatganj P.S. Case No. 762 of 2023 instituted for the

                   offence under Section 392 of the Indian Penal Code.

                                3. The case of the prosecution, in short, is that the

                   informant is Assistant Manger of I.C.I.C.I. Bank, Araria. On the

                   date of occurrence, he was going to village Mirdaul on his bike

                   and he was carrying a bag which contain cash and certain

                   documents. It is alleged that three persons on a bike surrounded

                   him and on gun point, snatched his bag and mobile. The bag

                   contained ATM Card, Pan Card, Aadhar Card and other

                   documents and cash of Rs. 1,000/-.
Patna High Court CR. MISC. No.89719 of 2025(2) dt.30-01-2026
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                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has falsely been implicated in this

          case. The F.I.R. was lodged against unknown miscreants.

          During the course of investigation, one Vikash Kumar was

          apprehended and he has given his confessional statement. The

          name of this petitioner has surfaced in the confessional of co-

          accused Vikash Kumar. It has further been submitted that

          nothing has been recovered from the possession of this

          petitioner. He is having no criminal antecedent. It has also been

          submitted that similarly situated co-accused person has been

          granted anticipatory bail by this Court vide Cr. Misc.No. 82751

          of 2024. The case of this petitioner stands on similar footing.

                       5.Learned       APP        appearing    for   the   State   has

          vehemently opposed the prayer of bail of the petitioner.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Narpatganj P.S. Case No. 762 of 2023, he

          will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
             Patna High Court CR. MISC. No.89719 of 2025(2) dt.30-01-2026
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                       (Rupees ten thousand) with two sureties of the like amount each

                       to the satisfaction of learned Judicial Magistrate- 1st Class,

                       Araria, subject to the conditions as laid down under section

                       438(2) of the Cr.P.C.


                                             (Ashok Kumar Pandey, J)

lata/-
U        T

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