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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati (Gayaji), subject to conditions under Section 482 of B.N.S.S. and the condition that one bailor be a close relative of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in Raushanganj P.S. Case No. 158 of 2023 for offences charged under Sections 147, 148, 149, 341, 342, 323, 324, 337, 338, 353, 307, 427 and 188 IPC, is entitled to anticipatory bail.

Court's answer

Keeping in view the aforesaid facts, the Court was inclined to extend to the petitioner the privilege of anticipatory bail.

Ratio / Principle

The petitioner was directed to be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, on furnishing a bail bond.

Key takeaways

Bail was ordered on a bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati (Gayaji), in connection with Raushanganj P.S. Case No. 158 of 2023, subject to the conditions laid down under Section 482 of B.N.S.S. and with the additional condition that one of the bailors should be a close relative of the petitioner.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court (Hon'ble Mr. Justice S. B. Pd. Singh, J.), Criminal Miscellaneous No. 86237 of 2025, oral order dated 24-12-2025, arising out of Raushanganj P.S. Case No. 158 of 2023 (Thana Roshanganj, District Gaya), in which the petitioner, apprehending arrest along with 33 FIR-named accused and about 150 unknown persons for the alleged offence of blocking a road by an unlawful assembly, burning tyres and attacking passengers, stood charged under Sections 147, 148, 149, 341, 342, 323, 324, 337, 338, 353, 307, 427 and 188 of the I.P.C. Taking into account the facts placed before it - including, as submitted by counsel, the absence of any specific allegation against the petitioner of blocking the road or obstructing government work and the grant of bail to co-accused by a Coordinate Bench vide order dated 10.01.2024 in Cr. Misc. No. 83208 of 2023 - the Court extended the privilege of anticipatory bail, directing release in the event of arrest or surrender within four weeks on a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati (Gayaji), subject to the conditions laid down under Section 482 of B.N.S.S., with the added condition that one of the bailors be a close relative of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86237 of 2025

Arising Out of PS. Case No.-158 Year-2023 Thana- ROSHANGANJ District- Gaya

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

Manish Kumar Son of Shailendra Chaudhary Resident of Village- Pairwa (Parewa), Ps- Bankeybazar, Dist- Gayaji

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Sharma ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 24-12-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is apprehending his arrest in connection with Raushanganj P.S. Case No. 158 of 2023 for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 337, 338, 353, 307, 427 and 188 of the I.P.C.

As per the prosecution story, petitioner along with 33 F.I.R. named accused persons as well as 150 unknown anti-social elements said to have blocked the road without any permission by forming unlawful gathering, damaged the road by burning tyres and attacked the passengers by means of sticks, injuring them badly.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.86237 of 2025(2) dt.24-12-2025 2/3

the petitioner is quite innocent and has committed no offence as alleged in the F.I.R. rather he has falsely been implicated in the present case without any fault. There is no specific allegation against the present petitioner of blocking the road or obstructing any govt. work hence, no offence under section 353 of Indian Penal Code is made out against the petitioner. No any cogent evidence or any materials are available against this petitioner. The main allegation of blocking the road and making unlawful assembly are against other co-accused person namely, Narayan Yadav who was the Chairman of Kissan Sangharsh Morcha. Learned counsel further submits that other co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 10.01.2024 in Cr. Misc. No. 83208 of 2023.

Learned APP opposes the prayer for bail.

Keeping in view the aforesaid facts, this Court

is inclined to extend him the privilege of anticipatory bail.

Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail

Patna High Court CR. MISC. No.86237 of 2025(2) dt.24-12-2025 3/3

bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Sherghati(Gayaji), in connection with Raushanganj P.S. Case No. 158 of 2023 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioner.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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