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Patna High Court

Manoj Sharma @ Manoj VishwakarmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioners were charged with serious offences under the Bharatiya Nyaya Sanhita and had multiple prior criminal antecedents.

Summary

The petitioners sought anticipatory bail in a case alleging extortion, threats and other offences under the Bharatiya Nyaya Sanhita. Petitioner's No.2 withdrew his application after being arrested. The court allowed the withdrawal and dismissed that part of the application. For petitioners No.1, 3 and 4, the prosecution alleged they stopped an informant from ploughing his field, demanded Rs. 50 lacs, verbally abused him and threatened his life, and each had several prior criminal antecedents. Considering the seriousness of the offences (Sections 126(2), 115(2), 329(3), 308(2), 308(3), 352, 351(2)) and the petitioners' criminal records, the court refused anticipatory bail. The application was consequently disposed of.

Issues considered

  • Whether anticipatory bail can be granted to persons charged with serious offences under the Bharatiya Nyaya Sanhita and having prior criminal antecedents
  • Whether a petitioner may withdraw an anticipatory bail application after arrest

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • extortion
  • threats
  • Bharatiya Nyaya Sanhita
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91591 of 2025
                        Arising Out of PS. Case No.-122 Year-2025 Thana- AGRER District- Rohtas
                 ======================================================
           1.     Manoj Sharma @ Manoj Vishwakarma S/o Late Shambhu Sharma @
                  Shambhu Vishwakarma Resident of Village - Kudhanu, P.S - Agarer, District
                  - Rohtas
           2.    Varun Singh @ Varun Kumar S/o Rajendra Singh @ Rajendra Prasad Singh
                 Resident of Village - Kudhanu, P.S - Agarer, District - Rohtas
           3.    Dipak Singh @ Dipak Kumar @ Dipak Kumar Singh S/o Rajendra Singh @
                 Rajendra Prasad Singh Resident of Village - Kudhanu, P.S - Agarer, District
                 - Rohtas
           4.    Prakash Singh @ Prakash Kumar Singh S/o Ramadhar Singh Resident of
                 Village - Kudhanu, P.S - Agarer, District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, A.P.P.
                 For the Informant        :       Mr. Rabindra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                  At the outset, learned counsel for the petitioner seeks

                   permission to withdraw this anticipatory bail application with

                   regard to petitioner no. 2 as he has already been arrested during

                   pendency of the case.

                                2. Permission is granted.

                                3. This anticipatory bail application is, accordingly,

                   dismissed as withdrawn with regard to petitioner no. 2.

                                4. Heard learned counsel for the petitioners and the

                   State.
              Patna High Court CR. MISC. No.91591 of 2025(2) dt.19-01-2026
                                                          2/2




                                     5. Petitioner nos. 1, 3, 4 apprehend arrest in a case

                        registered for the offences punishable under Sections 126(2),

                        115(2), 329(3), 308(2), 308(3), 352, 351(2) of the Bharatiya

                        Nyaya Sanhita.

                                     6. As per prosecution case, these petitioners along

                        with other accused persons stopped informant from ploughing

                        his field, verbally abused him, demanded Rs. 50 lacs as

                        extortion and threatened to kill informant if he steps on the field

                        without paying the extortion amount. Petitioner no. 1 has got

                        three criminal antecedents and petitioner nos. 3 & 4 have got

                        two criminal antecedents each.

                                     7. Considering the nature of accusation and criminal

                        antecedents, prayer for anticipatory bail of the petitioners is

                        refused.

                                     8. This anticipatory bail application is, accordingly,

                        disposed of.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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