← Library
Patna High CourtCR. MISC./42943/2026bail granted

Manish Kumar v. The State Of Bihar

2026-07-14Mr. Justice Ranjan Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42943 of 2026 Arising Out of PS. Case No.-326 Year-2025 Thana- GURUA District- Gaya ====================================================== 1.

Manish Kumar S/o Ramdeo Yadav R/o Village- Belauti, PS- Gurua, DisttGaya 2.

Baban Yadav S/o Ramkhelawan Yadav R/o vill- Nawadih, P.S.- Dobhi, Distt.- Gaya 3.

Guddu Kumar S/o Mahesh Yadav R/o vill - Dhamkawa, P.S.- Paraiya, Distt.- Gaya 4.

Rahul Kumar S/o Daroga Yadav R/o vill- Nawadih, P.S.- Dobhi, Distt.- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 14-07-2026 Heard learned counsel for the petitioners and the learned APP.

2 This application has been filed on behalf of the petitioners for grant of anticipatory bail, who are apprehending their arrest in connection with Gurua PS Case No 326 of 2025 registered for the offence punishable under Sections 126 (2), 127 (2), 115 (2), 117 (2), 109, 303 (2) and 3 (5) of the BNS. 3 The allegation in the FIR is to the extent that while the informant was going on his motorcycle, he was chased by some person sitting in a Brezza car and one motorcycle. After

Patna High Court CR. MISC. No.42943 of 2026(2) dt.14-07-2026 2/3 some distance he was intercepted and forced to sit in the said Brezza car wherein he was threatened on gun point and they took Rs 11,000/- from him. Thereafter, under a conspiracy, they put some illicit liquor in his motorcycle and called the police and handed over the informant to the police. In that background, the present FIR has been lodged.

4 The learned counsel for the petitioners submits that the petitioners have been implicated in a false and fabricated case. Some of the accused and informant are co-villagers. The fact is that the informant was intercepted by the police with illicit liquor on his motorcycle. Thereafter, he, in order to save himself, hatched up this story and got this false and fabricated FIR lodged. He further submits that handing over of informant to the police as appearing from the FIR, further shows the innocence of the petitioners and the story put forward is highly improbable.

5 The learned counsel for the State submitted that the petitioners are named in the FIR and the offence alleged is serious in nature.

6 Having considered the rival submissions and in the backdrop of handing over the informant to the police by the petitioners themselves and subsequently recovery of liquor from

Patna High Court CR. MISC. No.42943 of 2026(2) dt.14-07-2026 3/3 the informant's motorcycle by the police, as stated in paragraph 7 of the petition, I am inclined to grant anticipatory bail to the petitioners.

7 Let the petitioners above named, in the event of their arrest/surrender within a period of four weeks from today, be released on bail on each of them furnishing bonds of Rs 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sherghati, Gaya in Gurua PS Case No 326 of 2025 subject to all conditions as laid down under Section 482 (2) of the BNSS 8 This Court makes it clear that if the petitioners are involved in such type of offence in future, this will be sufficient ground for cancellation of their bail bonds by the Court below itself.

9 This application is allowed.

(Ranjan Kumar Jha, J) M.E.H./- U T