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Patna High Court

Manoj DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        (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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