Patna High Court
Manoj SorenversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Manoj Soren applied for regular bail in a case involving numerous serious offences under the IPC, Arms Act, Explosive Substances Act and the U.P. Act, alleged to be a Naxalite who assaulted police. The prosecution relied on police suspicion and alleged criminal antecedents, while the petitioner asserted innocence, lack of incriminating material, and pointed to bail granted to co-accused in a similar case. The State opposed bail citing three prior cases against the petitioner. After hearing both sides, the Patna High Court found the allegations general and not sufficient to deny bail, noting the petitioner had been in custody since July 2020. The court ordered his release on regular bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite multiple serious charges including offences under the IPC, Arms Act, Explosive Substances Act and U.P. Act.
- Whether mere police suspicion of Naxalite involvement justifies denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the bail decision.
- Whether bail granted to co-accused in a related case influences the petitioner’s bail application.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Explosive Substances Act — s. 3, 5
- Indian Penal Code — s. 120(B), 121, 121(A), 147, 148, 149, 307, 332, 333, 341, 342, 359, 504, 506
- U.P. Act — s. 16, 17, 18, 19, 20, 21, 22
Subjects
- bail
- Naxalite
- IPC
- Arms Act
- Explosive Substances Act
- U.P. Act
- criminal antecedent
- regular bail
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28908 of 2026
Arising Out of PS. Case No.-45 Year-2019 Thana- CHAKAI District- Jamui
======================================================
Manoj Soren, S/o- Baldeo Soren @ Baladev Soren, R/O Vill- Majhaladih Po-
Saraswati Batpar, Ps- Chakai Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Mani, Advocate
Mrs. Pallavi Kumari, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 147, 148, 149,
341, 342, 332, 333, 307, 359, 120 (B), 121, 121(A), 504 and 506
of I.P.C., Sections 25(1-B)a, 26, 27 and 35 of the Arms Act,
Section 3/5 of Explosive Substances Act and Sections 16, 17,18,
19, 20, 21 and 22 of U.A.P. Act.
3. The case of the prosecution, in short, is that the
petitioner has been apprehended only on the basis of the suspicion
of police that he is Naxali element. It is alleged that he along with
others has assaulted the police personnel.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
Patna High Court CR. MISC. No.28908 of 2026(2) dt.05-05-2026
2/2
counsel for the petitioner has submitted that the nature of
allegation is general and omnibus. It has further been submitted
that the this petitioner has got nothing to do with the Naxalite
activities. No any incriminating article has been recovered from
his possession. It has further been submitted that other co-accused
persons have already been granted bail by learned co-ordinate
Bench of this Court vide Cr. Misc. No. 57788 of 2019. Petitioner
is languishing in judicial custody since 10.07.2020.
5. Learned APP appearing for the State has vehemently
opposed the application for bail and has submitted that petitioner
is having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned District and
Additional Sessions Judge-VI, Jamui in connection with Chakai
P.S. Case No. 45 of 2019.
(Ashok Kumar Pandey, J)
lata/-
U T
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