Patna High Court
Manoj Ram @ Manoj Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to statutory conditions.
Summary
Manoj Ram sought bail in a 2009 case (PS No. 348) involving alleged possession of a country-made pistol under Sections 25(1‑b), 26 and 35 of the Arms Act. The FIR described a pistol found near Ashok Kumar Singh’s house, loaded with a cartridge that misfired. The petitioner claimed innocence, stating no weapon was recovered from his possession, the FIR was initially filed against an unknown person, and he has no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court, noting the petitioner’s clean antecedent and lack of direct evidence linking him to the weapon, granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, including surety, appearance requirements, and non‑tampering clauses.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) CrPC in a case under the Arms Act.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.
- Whether the petitioner’s clean antecedent and lack of direct evidence justify bail.
Legislation cited
- Arms Act — s. 25(1-b), 26, 35
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- Arms Act
- Section 25
- Section 26
- Section 35
- clean antecedent
- Criminal Procedure Code
- evidence tampering
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22296 of 2026
Arising Out of PS. Case No.-348 Year-2009 Thana- BETTIAH CITY District- West
Champaran
======================================================
Manoj Ram @ Manoj Kumar Ram S/o Late Bircha Ram R/o Village - Tilgahi
Math, P.S - Bairiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Gupta, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Bettiah Town P.S. Case No. 348 of 2009,
registered for the offence punishable under Sections 25(1-b), 26
and 35 of the Arms Act.
3. As per the FIR, informant received information that
a country-made pistol belonging to the criminals who had
perpetrated an incident at Chhoti Ramna, Chawal Mandi, had
been left behind. Upon reaching the place of occurrence, he
observed a country-made pistol placed on a top of a sack of salt,
which was adjacent against the wall of Ashok Kumar Singh’s
house. He further stated that when the said pistol was opened at
Patna High Court CR. MISC. No.22296 of 2026(2) dt.16-04-2026
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the scene of the incident, it was found to be loaded with a single
cartridge, the brass primer of which bore a mark indicating a
misfire.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Learned counsel further submits that the F.I.R was
registered against unknown and the name of the petitioner
transpired from confessional statement of Ashok Ram. No
incriminating article was recovered from the constructive
possession of the petitioner. The place of recovery and recovery
of arms is no way connected with this petitioner. Lastly, it is
submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioner.
6. Taking into consideration the facts and
circumstances of the case, keeping in view the clean antecedent
of the petitioner, let the above named petitioner, be released on
bail, in the event of his arrest or surrender before the learned
Court below within a period of six weeks from today, on
furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Bettiah, West
Patna High Court CR. MISC. No.22296 of 2026(2) dt.16-04-2026
3/3
Champaran in connection with Bettiah Town P.S. Case No. 348
of 2009, subject to the conditions as laid down under Section
under Section 438(2) of the Code of Criminal Procedure/482(2)
of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
vashudha/-
U T
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