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Patna High Court

Manoj Kumar @ Manoj SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the delay in filing the FIR and lack of material evidence warranted the grant of bail to the petitioners.

Summary

The petitioners, four residents of Dharupur village, sought relief fearing arrest in a case (No.152 of 2026) involving offences under several sections of the Bihar Negotiable Sale Act and Section 27 of the Arms Act. They alleged that the first petitioner, an Indian Army personnel, was implicated due to a land dispute and that the FIR was lodged with undue delay and without recovery of the cartridge shell. The prosecution alleged that petitioner No.1 fired in the air and the others participated. The court, noting the delay in filing the FIR and the lack of material evidence, allowed the bail application. The petitioners were directed to surrender within four weeks and were released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.

Issues considered

  • Whether the delay in lodging the FIR and absence of recovered cartridge shell justify granting bail.
  • Whether Section 438(2) of the CrPC and Section 482 of the BNSS can be invoked to release the petitioners on bail.

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • land dispute
  • Arms Act
  • CrPC
  • BNSS
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38676 of 2026
                        Arising Out of PS. Case No.-152 Year-2026 Thana- NOKHA District- Rohtas
                 ======================================================
           1.     Manoj Kumar @ Manoj Singh Son of Motilal Singh Resident of Village-
                  Dharupur, P.S.- Nokha, District- Rohtas.
           2.    Guddu Kumar @ Arbind Kumar Singh Son of Motilal Singh Resident of
                 Village- Dharupur, P.S.- Nokha, District- Rohtas.
           3.    Sonu Kumar Son of Motilal Singh Resident of Village- Dharupur, P.S.-
                 Nokha, District- Rohtas.
           4.    Ramesh Singh Son of Tilakdhari Singh Resident of Village- Dharupur, P.S.-
                 Nokha, District- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajani Kant Singh
                 For the Opposite Party/s :        Mr.Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2.         The petitioners apprehend their arrest in

                   connection with Nokha P.S. Case No. 152 of 2026 registered for

                   the offence under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   352, 351(2)(3), 109(1) of the BNS and under Section 27 of the

                   Arms Act.

                                   3. As per the prosecution case, the petitioner no. 1

                   is said to have fired in the air and other petitioners are also said

                   to have participated in the alleged crime.
          Patna High Court CR. MISC. No.38676 of 2026(2) dt.17-06-2026
                                                      2/2




                                    4. It has been submitted by the learned counsel for

                    the petitioners that the petitioner no. 01 is an army personnel

                    working in the Indian Army and he has been implicated in this

                    case because of land dispute along with other petitioners. He

                    next submits that there is delay in lodging the FIR and the police

                    has not recovered the shell of the cartridge and the same has

                    been produced by the petitioners.

                                    5. Considering the facts of the case and the delay in

                    lodging the FIR, this application is allowed.

                                     6. Let the petitioners, above named, in the event of

                    their arrest or surrender before the concerned Court below

                    within four weeks from today, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the concerned Court

                    below in connection with Nokha P.S. Case No. 152 of 2026,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                            (Sandeep Kumar, J)
Vikas/-

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