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Patna High Court

Manoj Mahto @ Manoj Patel @ Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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