Patna High Court
Manoj Kumar @ Manoj RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Manoj Kumar sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, the Arms Act and the Bihar Prohibition and Excise Act, arising from a land‑dispute incident involving alleged firing and assault. The petitioner contended that he was falsely implicated, was not present at the scene, and that the FIR did not specifically charge him, asserting that the informant used the dispute to frame him after a sale agreement fell through. The State opposed the bail, arguing the seriousness of the offences. The Court examined the allegations, the petitioner’s cooperation, and the risk of absconding, and concluded that bail could be granted with strict conditions. Accordingly, anticipatory bail was ordered on the condition of furnishing a bail bond of Rs.25,000 with two sureties and compliance with Section 482(2) of the BNSS, with a provision for cancellation if the petitioner fails to cooperate. The order directed the trial court to forward a copy to the concerned police station.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged in the FIR.
- Whether the petitioner is likely to abscond or tamper with evidence, justifying denial of bail.
- Whether the FIR specifically implicates the petitioner, warranting a bail order.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(3), 482(2)
Subjects
- anticipatory bail
- false implication
- land dispute
- FIR
- BNSS
- Arms Act
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59487 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- MANER District- Patna
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Manoj Kumar @ Manoj Ray S/o Late Rangila Rai @ Rangili Rai R/o Village-
Jivrakhan Tola, Goraiya Asthan, P.S.- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar
For the Opposite Party/s : Ms.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 06-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 303(2), 351(3) and 3(5) of the Bharatiya Nyaya
Sanhita and Section 27 of Arms Act and Section 37 of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on the date of occurrence at about 9:10 pm, when 7-8
accused persons including the petitioner came to his house and
started firing and when informant and his son came out, the
accused persons assaulted them with rod and bricks, further
when his wife and daughter intervened, they were also assaulted
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and abused and their chain, mangalsutra along with ring were
snatched, further the police was informed and accordingly the
police came and arrested one accused in an intoxicated
condition and from the place of occurrence, 3-4 empty
cartridges were recovered and the occurrence took place on
account of land dispute.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner had entered into an
agreement for sale with the informant but then the informant
after receiving money was not executing the sale deed on
account of which a dispute had arisen. It is further submitted
that on the date of occurrence, the petitioner was not even
present at the place of occurrence and the informant took the
occurrence as an opportunity to implicate the petitioner in the
instant case. It is also submitted that though there is allegation
of firing, but then allegation of firing is not specifically alleged
against the petitioner. It is next submitted that though in the
FIR, it is alleged that 3-4 empty cartridges were recovered, but
then from perusal of the seizure list, it would manifest that only
two empty cartridges were recovered from the place of
occurrence. It is further submitted that the FIR itself discloses
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that on account of dispute relating to land, the occurrence is
alleged to have taken place and no one was injured in the firing.
It is also submitted that petitioner will not abscond rather will
co-operate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty-five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Maner
P.S. Case No. 281 of 2025, subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner,
despite giving assurance to this Court, is not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
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8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
(Satyavrat Verma, J)
Sumit/-
U T
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