Patna High Court

Manish yadav @ Manish KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted pre‑arrest bail to the petitioner subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Manish Yadav was implicated in a case (Rajoun P.S. Case No. 389 of 2023) alleging assault on police officers and damage to a police vehicle, invoking multiple sections of the Indian Penal Code. He applied for pre‑arrest bail, contending that he was falsely implicated, that no specific role was assigned to him, and that a co‑accused had already been granted anticipatory bail in a similar matter. The State opposed the bail, highlighting Yadav’s four prior criminal cases. The Court examined the nature of the allegations, the petitioner’s claim of false implication, and the precedent of anticipatory bail. It held that the petitioner could be released on pre‑arrest bail, subject to a bond of Rs. 10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed the petitioner to surrender within four weeks if arrested.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the offences alleged.
Whether the petitioner’s claim of false implication and lack of specific role warrants bail.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Whether the anticipatory bail granted to a co‑accused is persuasive in this case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Indian Penal Code — s. 147, 148, 149, 307, 323, 332, 337, 341, 353, 427, 504

Subjects

pre‑arrest bail
false implication
anticipatory bail
police assault
criminal antecedent
Section 482
Bharatiya Nagarik Suraksha Sanhita
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91907 of 2025
                        Arising Out of PS. Case No.-389 Year-2023 Thana- RAJAON District- Banka
                 ======================================================
                 Manish yadav @ Manish Kumar S/O Pappu Yadav Resident of village - Bhat
                 Korama, P.S- Rajoun,Dist- Banka
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Rajoun P.S. Case No. 389 of 2023 registered for the

                   offence punishable under Sections 147, 148, 149, 341, 323, 307,

                   332, 337, 353, 427 and 504 of the Indian Penal Code.

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

                   petitioner along with other unknown 30-35 persons have

                   assaulted the police party and have thrown bricks on the police

                   vehicle.

                               4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner has been falsely

                   implicated in connection with the present case. He also submits

                   that the persons were identified by the chowkidar. No specific

                   role is attributed to the petitioner. He further submits that
           Patna High Court CR. MISC. No.91907 of 2025(2) dt.06-02-2026
                                                       2/2




                     similarly situated co-accused namely, Rahul Kumar has already

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

                     44947 of 2025. The case of this petitioner stands on similar

                     footing.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of pre-arrest bail to the petitioner and

                     submits that the petitioner is having criminal antecedent of four

                     cases.

                                  6. Considering the nature of allegation against the

                     petitioner, the petitioner, above named, is directed to be released

                     on pre-arrest bail, in the event of his arrest or surrender before

                     the Court below within a period of four weeks from today, on

                     furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Chief Judicial Magistrate, Banka in connection with Rajoun P.S.

                     Case No. 389 of 2023 subject to the condition as laid down

                     under Section 482(2) of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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