Patna High Court
Manoj Sharma @ Manoj VishwakarmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 308(2), 308(3), 329(3), 351(2), 352
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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