Patna High Court
Manoj Kumar @ Manoj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bihar Negotiable Sale (BNSS) — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 351(2)(3), 352
- Criminal Procedure Code — s. 438(2)
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/-
U
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