Manoj SadaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38873 of 2026
                      Arising Out of PS. Case No.-4 Year-2026 Thana- Banma Itahari District- Saharsa
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                 Manoj Sada S/O Budhan Sada R/O-Village- Sarbela, Ward No. 13/14, P.S
                 -Banma Itahari, District- Saharsa

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Abhay Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                    Heard Mr.Ranjeet Kumar Singh, learned counsel for

                   the petitioner and Mr.Abhay Kumar,                     learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   07.01.2026 in connection with S.T.No.138/2026 arising out of

                   Banma Itahri P.S. Case No. 04 of 2026, F.I.R. dated 06.01.2026

                   registered for the offence punishable under Sections 115(2),

                   118(2), 126(2), 109, 329(4), 333, 118(1), 352, 51(2)(3) of BNS

                   and Section 27 of Arms Act.

                                3. As per FIR, allegation against the petitioner is that

                   he alongwith his associates co-accused tried to abduct the

                   informant and when the informant objected then the co-accused

                   caused a gun-shot injury to the informant.

                                4. Learned counsel appearing for the petitioner
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          submits that the petitioner has clean antecedent. It appears from

          the FIR that the informant himself stated that due to admitted

          land dispute, the present occurrence has taken place. Although,

          the petitioner is named in the FIR but from a bare perusal of the

          FIR it appears that co-accused person, who accompanied with

          the petitioner, has fired upon the victim(informant) and there is

          no specific allegation of any assault, overt-act or firing

          attributed against the petitioner. The police, after investigation,

          submitted the chargesheet against the petitioner and the

          petitioner is in custody since 07.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent and there is no specific allegation of any assault,

          overt-act or firing attributed against the petitioner,                 let the

          petitioner, above named, 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 learned Principal District

          and      Sessions       Judge,       Saharsa         in   connection     with

          S.T.No.138/2026 arising out of Banma Itahri P.S. Case No. 04

          of 2026,with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be
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                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T