Patna High Court
Manoj DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and conditions of personal appearance.
Summary
Manoj Das, a 20‑year‑old resident of Jharkhand, was charged under Sections 318(4), 319(2) of the Bihar Negotiable Securities Act, Sections 66, 66(C), 66(D) of the Information Technology Act and Sections 336(3), 337 and 338 of the same Act. He applied for bail after an earlier bail application was rejected, arguing that the FIR was initially lodged against unknown persons and his inclusion was based only on suspicion and tower location, and that the cash seized from his house was intended for his sister's marriage. The State opposed bail, citing the seriousness of the offences. The High Court, considering his young age, lack of prior criminal record, his ongoing competitive examinations, and his undertaking to appear at every trial date, granted bail on a bond of Rs.10,000 with two sureties and specific conditions, and directed the trial court to expedite the trial within three months.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the trial being at the evidence stage
- Whether the petitioner poses a flight risk or a risk of tampering with evidence
- Whether the petitioner’s age, lack of antecedents, and personal circumstances justify bail
Legislation cited
- Bihar Negotiable Securities Act — s. 318(4), 319(2), 336(3), 337, 338
- Information Technology Act — s. 66, 66(C), 66(D)
Subjects
- bail
- criminal procedure
- Information Technology Act
- Bihar Negotiable Securities Act
- young accused
- first information report
- surety
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24129 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- Cyber P.S. District- Buxar
======================================================
Manoj Das Son of Shit Lal Das Resident of Village- Sirsaya, P.S.- Devipur,
District- Deoghar (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 318(4), 319(2) of the
B.N.S. and Section 66, 66(C), 66(D) of the Information
Technology Act, and subsequently Sections 336(3), 337 and
338 of B.N.S.
3. The prayer for bail has been renewed after
rejection of earlier prayer vide order dated 19.02.2026 passed
in Cr. Misc. No. 79158 of 2025 (Annexure-P/1), however,
liberty had been granted to the petitioner to renew his prayer
for bail after framing of charge. It has been informed that
charges have already been framed in the case.
4. The Court had also called for a report from the
Patna High Court CR. MISC. No.24129 of 2026(3) dt.01-05-2026
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learned Trial Court which indicates that the case is running at
the stage of evidence and witnesses are being examined.
5. Learned counsel for the petitioner submits that
the First Information Report had been lodged against unknown
persons and the name of the petitioner has transpired during the
course of investigation merely on the basis of suspicion and
tower location. It has further been submitted that the cash
which was recovered from his house had been kept by his
father for the purposes of marriage of his another daughter. The
petitioner is a young boy of twenty years of age and has been in
custody since 26.08.2025 with no criminal antecedent. The
petitioner further undertakes to appear on each and every date
in the trial without fail.
6. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
7. Taking into consideration the facts and
circumstances and considering the fact that the petitioner is a
young boy, who is appearing in competitive examinations and
further considering his undertaking to appear on each and every
date in trial without fail, let the above named petitioner, be
released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.24129 of 2026(3) dt.01-05-2026
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(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate-V, Buxar/concerned Court below in connection with
Buxar Cyber P.S. Case No. 40 of 2025 subject to condition
that:-
(i) One of the bailors will be his own
blood relative, preferably, father, mother, brother,
sister.
(ii) The petitioner shall remain physically
present in court on each and every date during trial
and in the event of failure on any dates without
sufficient reasons, his bail bonds shall be liable to be
cancelled by the learned court concerned.
8. The learned Trial Court concerned is directed to
conclude the trial expeditiously, preferably, within a period of
three months as has been stated in the report sent to this Court.
(Soni Shrivastava, J)
anand/-
U T
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