Patna High Court
Manoj Kumar @ Monaj Rai @ Monaj YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that regular bail should be granted to the petitioner.
Summary
Manoj Kumar was arrested in connection with an alleged altercation at Mamta Food Plaza where, after a dispute over cold drinks, he and others allegedly fired a weapon causing damage to property. He was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioner contended that the case was fabricated to facilitate a land grab and that no incriminating material was found on him, also noting that a co-accused had already been granted regular bail. The State opposed bail, citing the seriousness of the offences. The Court, observing that the charge‑sheet had been filed, the co‑accused had been bailed, and there was no risk of evidence tampering or absconding, ordered the petitioner’s release on regular bail upon furnishing a bond and sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the existence of a charge‑sheet and the risk of evidence tampering or absconding preclude bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- charge sheet
- evidence tampering
- false accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12741 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- SALIMPUR District- Patna
======================================================
Manoj Kumar @ Monaj Rai @ Monaj Yadav Son of Dandan Yadav Resident
of Village - Salimpur, P.S.- Salimpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Anjani Pd. Singh, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offence punishable under Sections 115(2), 126(2), 109,
351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 25(1-B)a, 26, 27 and 35 of the Arms Act.
3. As per the prosecution case, the informant is the
Manager of Mamta Food Plaza. On the alleged date of
occurrence, two persons arrived in the said hotel and demanded
cold drink. It is further alleged that after taking cold drink, they
started plucking flowers, which was protested by guard of the
hotel. Consequently, an altercation took place and firing was
made by the accused persons, due to which glasses of gate,
window and vehicle were broken. Thereafter, police arrived
Patna High Court CR. MISC. No.12741 of 2026(2) dt.26-02-2026
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there and apprehended three accused persons including the
petitioner and one person fled away. It is alleged that one loaded
pistol, one empty cartridge and three pellets were recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Nothing
incriminating material has been recovered from the conscious
possession of the petitioner. Further submission is that in order
to grab the land of the petitioner which is situated near the said
hotel, this false and fabricated case has been lodged. The
charge-sheet has already been submitted after completion of
investigation. Similarly situated co-accused person, namely,
Mangal Yadav @ Rohit Kumar has already been granted regular
bail by a Co-ordinate Bench of this Court vide order dated
17.02.2026 passed in Cr. Misc. No. 9593 of 2026. Petitioner is
in custody since 24.11.2025. Petitioner has got one criminal
antecedent in which he is on bail. He undertakes to co-operate in
the trial. There is no chance of tampering with the evidence or
absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge-sheet has been
Patna High Court CR. MISC. No.12741 of 2026(2) dt.26-02-2026
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submitted, similarly situated co-accused person has been
granted bail and period of custody undergone, let the above
named petitioner 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 learned Additional Chief Judicial
Magistrate-I, Barh/concerned Court in connection with
Salimpur P.S. Case No. 332 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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