Patna High Court

Manoj KumarversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and conditions under the BNSS, 2023.

Summary

The petitioner, Manoj Kumar, sought anticipatory bail in connection with a 2021 FIR alleging offences under several IPC sections and the Arms Act. The prosecution alleged a conspiracy to murder an informant, claiming the petitioner fired a shot that nearly hit the informant’s brother. The petitioner argued he was innocent and that investigations had found no evidence against him, noting that charge-sheets were filed only against other co‑accused. The Additional Chief Judicial Magistrate nonetheless took cognizance of the petitioner. The High Court, after hearing both sides, granted anticipatory bail on the condition of a Rs.30,000 bond and compliance with Section 2(1)(d) and Section 482(2) of the Bail (Special) (BNSS) 2023, subject to the magistrate’s satisfaction.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite cognizance being taken against him
Whether the lack of evidentiary material against the petitioner warrants release on bail

Subjects

anticipatory bail
cognizance
insufficient evidence
Criminal Procedure Code
Indian Penal Code
Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21695 of 2026
                       Arising Out of PS. Case No.-528 Year-2021 Thana- CHANDI District- Nalanda
                 ======================================================
                 Manoj Kumar Son of Surendra Yadav @ Surendra Prasadi @ Surendra Prasad
                 Resident of Village - Paharpur, P.S. - Chandi, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shyamal Prakash, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 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 Chandi P.S. Case No. 528 of 2021, dated 24.12.2021,

                   lodged under Section 341, 323, 307, 504, 506, 379, & 34 of the

                   Indian Penal Code and under Section 27 of the Arms Act.

                                3. As per the prosecution, an FIR has been lodged

                   against four named accused persons, including the present

                   petitioner, alleging that they conspired to kill the informant. The

                   allegation against the petitioner is that he also fired, and the

                   bullet passed close to the informant’s brother’s face.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   further submits that after completion of the investigation, a
Patna High Court CR. MISC. No.21695 of 2026(2) dt.08-04-2026
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          charge-sheet was filed against one co-accused, namely, Ram

          Janam Gope bearing Charge-sheet No. 69 of 2022, on

          19.02.2022, against whom only cognizance was taken.

                       5. Counsel further submits that a subsequent charge-

          sheet was filed on 31.07.2025 against two other co-accused,

          namely Anil Kumar and Manoranjan Kumar, and the present

          petitioner was not sent up for trial as no involvement was found

          against him due to deficiency of evidence. However, on

          03.01.2026, the Court of A.C.J.M.-1st, Hilsa (Nalanda), took

          cognizance against the present petitioner along with the other

          co-accused, Anil Kumar and Manoranjan Kumar.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that, though no evidence

          was found against the petitioner during the investigation, the

          learned Magistrate, differing with the same, has taken

          cognizance against the petitioner as well.

                       7. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the BNSS, 2023 to the
          Patna High Court CR. MISC. No.21695 of 2026(2) dt.08-04-2026
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                    satisfaction of Additional Chief Judicial Magistrate, Hilsa,

                    Nalanda, in connection with Chandi P.S. Case No. 528 of 2021,

                    subject to the conditions as laid down U/s 482(2) of the BNSS,

                    2023.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T

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