Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23670 of 2026 Arising Out of PS. Case No.-857 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Manish Kumar S/O Bandelal Singh Resident of Village-Tikarampur, Mathurapur, P.S.- Khagaria, District-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate :
Mr. Amit Prakash, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-04-2026 Heard Mr. Binod Kumar, learned counsel for the petitioner and Mr. Abhay Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Khagaria P.S. Case No. 857 of 2022, F.I.R. dated 17.08.2022 for the offences punishable under Sections 420, 406, 34 of the Indian Penal Code.
3. According to prosecution case, the money in the bank account of the informant was transferred by his daughter alongwith some other persons through UPI and thereafter his daughter fled away from her house.
4. Learned counsel for the petitioner submits that
2/4 petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR that date of the occurrence was on 10.05.2022 but the FIR was lodge on 17.08.2022 i.e. after delay of more than three months without giving any explanation of delay. He further submits that for the same set of allegation co-accused person, namely, Paramdeep Kumar @ Dhami @ Dhoni has been granted the privilege of anticipatory bail by this Court vide order dated 29.11.2023 in Cr. Misc. No. 75757 of 2023 and another co-accused persons, namely, Kanhaiya Singh @ Kanhaiya Kumar and others have been granted the privilege of anticipatory bail by a co-ordinate Bench this Court vide order dated 29.11.2023 in Cr. Misc. No. 76170 of 2023. He next submits that the victim (informant's daughter) did not support the case of the prosecution in her statement recorded under Section 164 of Cr.P.C.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, and the fact that the petitioner has clean antecedent and the victim did not support the case of the prosecution and similarly situated co-accused persons have been granted the privilege of anticipatory bail by this Court or co-ordinate Bench of this
3/4 Court, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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., Khagaria in connection with Khagaria P.S. Case No. 857 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court 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
4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bond 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