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Patna High Court

Manoj Kumar @ Manoj RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.59487 of 2025(5) dt.06-01-2026
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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
Patna High Court CR. MISC. No.59487 of 2025(5) dt.06-01-2026
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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.
              Patna High Court CR. MISC. No.59487 of 2025(5) dt.06-01-2026
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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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