Patna High Court
Manoj Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000 and the conditions stipulated by the court.
Summary
Manoj Kumar Thakur was arrested on 11‑08‑2025 in connection with a 2018 case involving alleged fraud amounting to Rs 13,21,242 and offences under IPC sections 420, 406, 467, 468, 471 and 34. The prosecution argued that he, along with co‑accused, defaulted on loans causing loss to a company. The petitioner contended he has a clean antecedent, was falsely implicated, and pointed out that similarly situated co‑accused had already been granted regular bail by the same court. The court noted the petitioner’s clean record and the precedent of bail to co‑accused, and consequently ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of trial cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under sections 420, 406, 467, 468, 471 and 34 of the IPC.
- Whether the petitioner’s clean antecedent and the bail granted to co‑accused justify granting bail in this case.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 34, 406, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- criminal procedure
- financial fraud
- court order
- clean antecedent
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90853 of 2025
Arising Out of PS. Case No.-116 Year-2018 Thana- MAHUA District- Vaishali
======================================================
Manoj Kumar Thakur Son of Hari Mohan Thakur Resident of Village -
Sigiyaun, P.S.- Andhara Thadhi, Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeswari Singh, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Bindeswari Singh, learned counsel for
the petitioner as well as Mr. Ram Naresh Ray, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.08.2025 in connection with Mahua P.S. Case No. 116 of
2018, F.I.R. dated 22.05.2018 for the offences punishable under
Sections 420, 406, 467, 468, 471, 34 of the Indian Penal Code.
3. According to prosecution case, petitioner along
with other co-accused persons, defaulted an amount of
Rs.13,21,242/- showing disbursement of this amount as loan to
a number of persons causing financial loss to the company.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
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the petitioner is false and fabricate and the petitioner has not
committed any offence as alleged in the FIR and similarly
situated co-accused persons, namely, Tripurai Sharan Upadhyay,
Sujeet Kumar and Dharmendra Kumar have been granted the
privilege of regular bail by co-ordinate Bench of this Court vide
order dated 29.11.2023 and 25.10.018 in Cr. Misc. No. 74294 of
2023 and Cr.Misc. No. 52790 of 2018. He further submits that
the police after investigation submitted the charge sheet and the
petitioner is in custody since 11.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and similarly situated co-accused
persons have been granted the privilege of regular bail by co-
ordinate Bench of this Court, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M. Hazipur, Vaishali in
connection with Mahua P.S. Case No. 116 of 2018, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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