Manjay Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Manjay Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: release on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to payment of Rs. 20,500/- to informant Nandan Raj through an SBI Demand Draft submitted before the Trial Court, the conditions under Section 438(2) Cr.P.C., and additional conduct conditions.

Issue for consideration

Whether anticipatory bail should be extended to the petitioner apprehending arrest in connection with Vaishali (Belsar O.P.) P.S. Case No. 257 of 2021 instituted under Section 392 IPC. +1 more

Court's answer

Considering the submissions of the parties, the Court found that in this particular case the petitioner is a young boy, a student, with no criminal antecedent, and is ready to pay the amount, and was therefore inclined to grant him anticipatory bail.

Ratio / Principle

Anticipatory bail was extended subject to payment of Rs. 20,500/- to the informant, Nandan Raj, through a Demand Draft issued by the local State Bank of India branch, to be submitted before the Trial Court.

Key takeaways

The petitioner is to be released on bail in the event of arrest or surrender before the subordinate court within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, in connection with Vaishali (Belsar O.P.) P.S. Case No. 257 of 2021, to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to the conditions under Section 438(2) Cr.P.C. and other conditions.ratio¶21
Additional conditions imposed: one bailor must be a family member/relative providing official proof of bona fides; the petitioner must appear on every Trial Court date (failure on two consecutive dates without plausible reason entails cancellation of the bail bond by the Trial Court itself); he must appear before the concerned police station every fortnight for six months to mark attendance; he must cooperate with the investigation; he must not induce, promise, threaten witnesses or tamper with evidence; and he must desist from further offences, failing which the State may seek cancellation of the bail bonds.ratio¶26

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - GRANTED. Patna High Court (Rajiv Roy, J), oral order dated 18-06-2025 in CR. MISC. No.37221 of 2025: the petitioner, apprehending arrest in Vaishali (Belsar O.P.) P.S. Case No. 257 of 2021 instituted under Section 392 IPC (FIR lodged 27.06.2021 by informant Nandan Raj over seizure of an E-Cart parcel and robbing of Rs. 18,000/- in cash and valuable cards), was extended the privilege of anticipatory bail because he is a young boy, a student, with no criminal antecedent, and is ready to pay. Bail was made subject to payment of Rs. 20,500/- to the informant through a Demand Draft issued by the local State Bank of India branch, to be submitted before the Trial Court. Release was directed on arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to the conditions under Section 438(2) Cr.P.C. and further conditions: a family-member bailor with official bona fide proof; appearance on every Trial Court date with cancellation of the bail bond by the Trial Court itself on failure for two consecutive dates without plausible reason; fortnightly attendance at the concerned police station for six months; cooperation with the investigation; abstention from inducing, threatening or tampering with witnesses or evidence; and desistance from further offences, failing which the State may seek cancellation of the bail bonds. No precedent was cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37221 of 2025

Arising Out of PS. Case No.-257 Year-2021 Thana- VAISHALI District- Vaishali

======================================================

Manjay Kumar Son of Jayram Singh Resident of Village - Patedhi Khurd, P.S.- Vaishali (O.P.- Belsar), Dist.- Vaishali

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Dr. Bipin Chandra, Advocate For the Opposite Party/s : Mr.Satish Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 18-06-2025 Heard the parties.

The petitioner is apprehending arrest in connection with Vaishali (Belsar O.P.) P.S. Case No. 257 of 2021 instituted under Section 392 of the Indian Penal Code lodged on 27.06.2021 by the informant, Nandan Raj.

As per the prosecution story, the informant alleged that he was to deliver a parcel through E-Cart Company to one Kamani Devi. When he called the lady, four persons appeared, took away the parcel and also robed the cash amount of Rs. 18,000/- beside the valuable cards. This led to the FIR.

Learned counsel for the petitioner submits that he has no criminal antecedent, he is young boy of 22 years, student, he has been falsely implicated in the matter.

The last submission is that without accepting the allegation and/or awaiting the fate of the present case, he

Patna High Court CR. MISC. No.37221 of 2025(2) dt.18-06-2025 2/3

intends to pay Rs.20,500/- to the informant, Nandan Raj through Demand Draft issued by the local State Bank of India branch to be submitted before the Trial Court.

Learned APP opposes the prayer submitting that a poor parcel man was robed of his valuables as also the parcel.

Considering the submissions of the parties, though it is unfortunate that poor persons are being robbed, in the particular case, this petitioner is a young boy, student, has no criminal antecedent, is ready to pay the amount, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs. 20,500/- to the informant, Nandan Raj through Demand Draft issued by the local State Bank of India branch to be submitted before the Trial Court.

Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Vaishali (Belsar O.P.) P.S. Case No. 257 of 2021to the satisfaction of learned C.J.M., Vaishali at Hajipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family

Patna High Court CR. MISC. No.37221 of 2025(2) dt.18-06-2025 3/3

member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

Ravi/-

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