Patna High Court

Manoj Kumar Sah @ Manoj SahversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Manoj Kumar Sah, applied for bail in a case registered under Section 309(4) of the BNS concerning the alleged robbery of Rs. 2,60,000. The prosecution alleged that the petitioner was involved in the robbery, while the petitioner claimed innocence, stating that the FIR was lodged against unknown persons and that only a co-accused’s confessional statement implicated him. No tip was conducted, and the co-accused had already been granted bail. The State opposed bail, citing five prior criminal cases against the petitioner. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail with a bond of Rs. 10,000 and two sureties, subject to cooperation with the trial.

Issues considered

Whether bail should be granted to the petitioner under Section 309(4) of the BNS given the lack of direct evidence and the existence of a co-accused’s confessional statement.
Whether the petitioner’s criminal antecedent of five cases warrants denial of bail.

Legislation cited

BNS — s. 309(4)

Subjects

bail
Section 309(4)
BNS
confessional statement
TIP
criminal antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11627 of 2026
                         Arising Out of PS. Case No.-180 Year-2024 Thana- R S P.S. District- Araria
                 ======================================================
                 Manoj Kumar Sah @ Manoj Sah, S/o- Late Brij Bihari Sah, Resident of
                 village-Jankinagar, Chopra Bazar, Ward No-4, P.S.- Jankinagar, Dist- Purnea


                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amit Kumar Anand, Advocate
                 For the Opposite Party/s :         Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Araria R.S. P.S. Case No. 180 of 2024 registered for the

                   offence punishable under Section 309(4) of the BNS.

                                3. The case of the prosecution is that the informant,

                   along with Bimal Kumar Gupta was having Rs. 2,60,000/- in a

                   bag and was going to the factory on a scooty. Just 100 yards

                   before the factory, three persons on a bike who had masked their

                   faces, overtook the scooty, stopped the informant and at

                   gunpoint snatched the bag containing Rs. 2,60.000/-. The bikers

                   then fled away.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.11627 of 2026(2) dt.18-02-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. The F.I.R. was lodged against unknown miscreants.

          During course of investigation, one Sanjay Yadav has given his

          confessional statement and name of this petitioner has surfaced

          in the confessional statement of Sajay Yadav. Save and except

          the confessional statement of co-accused, there is nothing

          against him. It has further been submitted that no T.I.P. was

          conducted. It has also been submitted that co-accused Sanjay

          Yadav has already been granted bail by this Court vide Cr. Misc.

          No. 32646 of 2025. Moreover, petitioner is languishing in

          judicial custody since 20.02.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has criminal

          antecedent of five cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned

          Additional District and Sessions Judge-IV, Araria in connection
             Patna High Court CR. MISC. No.11627 of 2026(2) dt.18-02-2026
                                                         3/3




                       with Araria R.S. P.S. Case No. 180 of 2024 with the condition

                       that petitioner shall cooperate in the trial and shall remain

                       physically present on each and every date fixed by the trail

                       Court.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T

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