Patna High Court
Manoj Ram @ Shashi Bhushan Ram @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied.
Summary
Manoj Ram, the petitioner, feared arrest in a case (Jagdishpur P.S. Case No. 16 of 2026) filed under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The FIR alleged that the petitioner was among several persons who fled the scene after a shooting that injured the informant’s father. The petitioner claimed innocence, argued that the allegations were vague, and offered to comply with any conditions. The State opposed anticipatory bail, noting the petitioner’s name in the FIR and a pending dispute. The High Court, after hearing both sides, declined to grant anticipatory bail and ordered the petitioner to surrender within six weeks, directing the trial court to consider any bail application thereafter.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 and the Arms Act
- Whether the presence of a pending criminal case and the nature of the FIR justify denial of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Arms Act
- FIR
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21694 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- JAGDISHPUR District- Bhojpur
======================================================
Manoj Ram @ Shashi Bhushan Ram @ Manoj Kumar S/o Ram Avtar Ram
Resident of Village- Baulipur, P.S. Jagdishpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Nath Ojha, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Jagdishpur P.S. Case No. 16 of 2026, dated 08.01.2026,
lodged under Sections 103(1) & 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (hereinafter referred to as “BNS, 2023”) and
under Section 27 of the Arms Act, pending before the Court of
A.C.J.M.,-1, Bhojpur (Ara).
3. As per the prosecution, FIR has been lodged against
4 named and 3-4 unknown accused persons, including the
present petitioner, with the allegation that when the informant’s
father was going to his house after shutting down the shop, the
informant heard the sound of firing. When he rushed to the
place of occurrence, he saw that his father had fallen on the
Patna High Court CR. MISC. No.21694 of 2026(2) dt.08-04-2026
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road, oozing blood, and the petitioner and 3-4 unknown persons
were fleeing from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the allegations are general and omnibus in
nature. Counsel also submits that the criminal antecedent of the
petitioner is not clean, as there is one criminal case pending
against him. Counsel further submits that the petitioner is ready
to comply with all conditions whatsoever shall be imposed upon
him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the petitioner is named in
the FIR. Counsel also submits that as per the FIR, there is also a
pending dispute involving the petitioner.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
Patna High Court CR. MISC. No.21694 of 2026(2) dt.08-04-2026
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on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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