Patna High Court
Manoj Mahto @ Manoj Patel @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, Manoj Mahto, subject to a bail bond and sureties.
Summary
Manoj Mahto petitioned the Patna High Court for anticipatory bail fearing arrest in connection with Riga Police Station Case No. 50 of 2007, which involves serious offences under the IPC, Arms Act, Explosive Substance Act and the Criminal Law Amendment Act. The FIR does not name him; the allegations against him are based solely on suspicion, and he has prior antecedents where he was acquitted in two cases and is on bail in another. The petitioner highlighted that a co‑accused, Satyendra Singh, had been granted anticipatory bail by a coordinate bench of the same court in Cr. Misc. No. 8200 of 2016. The State opposed the relief. Considering the lack of specific material against the petitioner and the precedent of similar relief, the court exercised its inherent powers under Section 482(2) of the CrPC and granted anticipatory bail subject to a bond and sureties.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not specifically named in the FIR and the allegations are based on suspicion.
- Whether the precedent of anticipatory bail granted to a co‑accused in a similar case warrants similar relief to the petitioner.
- Whether the court may impose conditions under Section 482(2) of the CrPC while granting anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
- Criminal Law Amendment Act — s. 17, 18
- Explosive Substances Act — s. 3
- Indian Penal Code — s. 147, 148, 149, 302, 307, 324, 395, 427
Subjects
- anticipatory bail
- FIR
- suspicion
- Section 482 CrPC
- terrorism
- Maoist attack
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2915 of 2026
Arising Out of PS. Case No.-50 Year-2007 Thana- RIGA District- Sitamarhi
======================================================
Manoj Mahto @ Manoj Patel @ Manoj Kumar S/O Late Ram Lakhan Mahto
R/O Village- Aura Malikana, P.S- Tariyani, District- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Prasad Singh, Adv.
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Riga P.S. Case No. 50 of 2007 dated
31.03.2007 registered for the offence punishable under Section/s
147, 148, 149, 302, 307, 324, 395, 427 of the Indian Penal
Code, Section 27 of the Arms Act, Section ¾ of the Explosive
Substance Act and Section 17 & 18 of the C.L.A. Act.
3. As per the prosecution case, 200-250 unidentified
Maoists are accused of attacking the police administration and
committing murder of a SAP Jawan by firing.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the F.I.R. as the F.I.R. has been lodged
against unknown. It is next submitted that nothing specific has
Patna High Court CR. MISC. No.2915 of 2026(3) dt.20-02-2026
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been alleged against the petitioner and the name of the petitioner
has transpired in this case on the basis of suspicion. Counsel for
the petitioner fairly submits that there are three antecedents of
the petitioner out of which in two of them, he has been acquitted
and, in one case, he is on bail. It has next been submitted that
the co-accused Satyendra Singh @ Satyendra Narayan Singh
has already been granted anticipatory bail vide order dated
25.02.2016 passed by a Co-ordinate Bench of this Court in Cr.
Misc. No. 8200 of 2016 (Annexure-P/2).
5. Learned APP for the State opposes the prayer for
grant of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that there is nothing specific against the
petitioner and similar situated person has already been granted
privilege of anticipatory bail by a Co-ordinate Bench of this
Court, this Court is inclined to grant privilege of anticipatory
bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of his arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.2915 of 2026(3) dt.20-02-2026
3/3
learned Chief Judicial Magistrate, Sitamarhi in connection with
Riga P.S. Case No. 50 of 2007, subject to the condition as laid
down under Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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