Patna High Court
Manoj Sah @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 25(1‑B)A, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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
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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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