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Patna High Court

Manoj Sah @ Manoj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail could be granted as the petitioner had no direct evidence against him and possessed a clean antecedent, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Manoj Sah, a young resident of Madhepura, sought anticipatory bail fearing arrest in a case registered under Sections 25(1‑B)A, 26 and 35 of the Arms Act. The prosecution alleged that pellets recovered from co‑accused Sajan Kumar and Gautam Kumar were procured through the petitioner, who allegedly arranged a purchase from Bisho Sharma. The petitioner’s counsel argued that no incriminating article was found on him, the only evidence was the co‑accused’s disclosure statements, and he has a clean antecedent. The State opposed the bail. Considering the petitioner’s clean record, lack of direct material against him and the nature of the allegations, the court granted anticipatory bail subject to a cash bond and sureties, conditioned on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Arms Act.
  • Whether the co‑accused’s disclosure statements constitute sufficient material to deny bail.
  • Whether the petitioner’s clean antecedent and lack of recovered arms justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • clean antecedent
  • co‑accused disclosure
  • bail conditions
  • Section 482(2)
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27451 of 2026
                    Arising Out of PS. Case No.-63 Year-2025 Thana- SHRI NAGAR District- Madhepura
                 ======================================================
                 Manoj Sah @ Manoj Kumar Son of Sikendra Sah Resident of Village-
                 Mangarwara, Ward No. 6, P.S.- Srinagar, District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pooja Prasad, Advocate.
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Srinagar P.S. Case No.63 of 2025 instituted under Sections

                   25(1-B)A, 26, 35 of the Arms Act.

                                3. As per the prosecution case, there is recovery of

                   five pellets each from the pocket of co-accused Sajan Kumar

                   and co-accused Gautam Kumar. It is alleged that both the above

                   co-accused have disclosed that petitioner called them and took

                   them to the house of Bisho Sharma for purchase of pellets

                   where said Bisho Sharma gave them 10 pellets in a dabba on

                   payment of Rs.5,000/-.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.27451 of 2026(2) dt.06-05-2026
                                            2/3




          case only on the basis of disclosure statement made by the co-

          accused. He further submits that the petitioner is said to be

          supplier of the said pellets but the petitioner has no concern

          either with the aforesaid co-accused persons or with the alleged

          seized pellets. Learned counsel submits that no incriminating

          article has been recovered from the conscious possession of

          petitioner. He further submits that except the disclosure

          statement of the co-accused, there is no material against the

          petitioner. Learned counsel submits that petitioner is a young

          boy, having got clean antecedent and he undertakes to cooperate

          in the investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation leveled against the petitioner as well as his

          clean antecedent and young age, in the event of arrest or

          surrender before the Court below within six weeks from today,

          the petitioner be released on bail upon furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount to each to the satisfaction of the learned J.M. 1st Class,

          Madhepura/ concerned Court in connection with Srinagar P.S.
              Patna High Court CR. MISC. No.27451 of 2026(2) dt.06-05-2026
                                                          3/3




                        Case No.63 of 2025, subject to the conditions laid down in

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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