Created by Fuzzy Cloud

Patna High Court

Manoranjan Pandey @ Raja PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, in view of the lack of direct eyewitness identification and the questionable evidentiary value of mobile tower data, the petitioner is entitled to regular bail subject to conditions.

Summary

Manoranjan Pandey was arrested in connection with the murder of Arjun Yadav, alleged to have been the mastermind behind the shooting that led to Yadav's death. The prosecution relied on mobile tower location data, call detail records, and confessional statements of co‑accused, while the informant, an eye‑witness, did not positively identify the shooters or the petitioner. The petitioner argued that the FIR was lodged two days after the incident, that there was no direct eyewitness evidence, and that the mobile data lacked forensic reliability. The court examined the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act but noted the absence of substantive incriminating evidence against the petitioner. Considering the doubts about the investigation and the petitioner’s right to liberty, the court granted regular bail with conditions of cooperation and presence in court.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder and offences under the Arms Act.
  • Whether mobile tower location data and CDRs constitute sufficient evidence to deny bail.
  • Whether the delay in lodging the FIR affects the presumption of guilt.

Legislation cited

Subjects

  • regular bail
  • murder
  • arms act
  • mobile tower evidence
  • FIR delay
  • criminal procedure
  • conspiracy
  • evidence admissibility

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71243 of 2025
                   Arising Out of PS. Case No.-232 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Manoranjan Pandey @ Raja Pandey Son of Late Srimannarayan Pandey R/o
                 Villaage - Banarpur, P.S. - Buxar(Muffasil), Dist. - Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ramakant Sharma, Sr. Advocate
                                                 Mr. Rakesh Bihari Singh, Advocate
                 For the State           :       Mr. Satyendra Prasad, APP
                 For the Informant       :       Mr. Ramchandra Singh, Advocate
                                                 Mr. Shankar Kumar, Advocate
                                                 Mrs. Dimpal Kumari, Advocate
                                                 Mr. Radha Krishna, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        CAV ORDER

7   13-03-2026                   Heard learned Senior counsel for the petitioner,

                   learned APP for the State and learned counsel for the Informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103, 61(2)

                   and 3(5) of the Bharatiya Nyaya Sanhita (in short ‘B.N.S.’) and

                   under Section 27 of the Arms Act. Vide order dated 09.06.2025,

                   further added Sections 25(1-b)a, 26 and 35 of the Arms Act.

                                 3. The case of the prosecution, in short, is that the

                   informant was going to meet the authorities of Chausa Power

                   Plant on his Mahindra Thar vehicle. He stopped near Chaurasia

                   betel shop at Mohanpurwa for purchasing a bottle of water. As

                   he reached near the right side of his vehicle, three persons on a
Patna High Court CR. MISC. No.71243 of 2025(7) dt.13-03-2026
                                            2/5




          bike arrived, started firing due to which informant’s brother

          Arjun Yadav received three gunshot injuries and fell down there.

          The miscreants proceeded towards Bechanpurwa. The injured

          was rushed to Sadar hospital, Buxar. He was referred to Trauma

          Center, Varansi. During course of reaching Trauma Center,

          Varanasi, Arjun Yadav (deceased) died. The deceased was a

          contractor in the power plant and it is alleged that the petitioner

          along with others due to competition between them have killed

          the deceased. It is further alleged that the petitioner has earlier

          threatened the deceased of dire consequences. The informant

          believes that this offence has been conducted by the accused

          persons and the petitioner is the master-mind.

                       4. Learned Senior counsel for the petitioner has

          submitted that the petitioner is in custody since 20.06.2025 and

          he has having criminal antecedent of four cases. It has further

          been submitted that in this case there is no eye-witness. Save

          and except the confessional statement of the co-accused and the

          petitioner, there is nothing against the petitioner. Learned

          counsel for the petitioner has further submitted that the

          petitioner has become the victim of a well hatched and

          promulgated conspiracy which is evident from the fact that the

          First Information Report (in short ‘FIR’) has been instituted
Patna High Court CR. MISC. No.71243 of 2025(7) dt.13-03-2026
                                            3/5




          after two days of the incident, i.e. the date of incident was

          26.05.2025 but the date of lodging of the FIR was 28.05.2025.

          The police was informed about the occurrence on the same day

          and the inquest report was also prepared on the same day.

                       5. Learned Senior counsel for the petitioner has

          submitted that the name of this petitioner has been dragged in

          this case only on the basis of suspicion arising out of mobile

          tower location which is evident from the fact that during

          investigation, the investigating agency has stated in Paragraph

          ‘147’ of the case diary that they have found the location of

          mobile at Patna on the date and time of the occurrence. The role

          of the informant himself is also important who is the eye-

          witness of the case who has neither identified those three

          persons who arrived and fired at the deceased, nor sure about

          the involvement of the petitioner in this case. Learned counsel

          for the petitioner has further submitted that the entire

          investigation is only based on mobile tower location and CDR

          of different mobile numbers which has no evidentiary value in

          terms of Forensic examination. In this case, police has arrested

          Toofani Gupta, Shivam Chaudhary and Sonu Gupta and they

          have accepted their guilt but investigating agency has developed

          a new concocted theory in connivance with the informant to
Patna High Court CR. MISC. No.71243 of 2025(7) dt.13-03-2026
                                            4/5




          implicate the petitioner which is further strengthened by this

          fact that the FIR has been lodged after two days of the

          occurrence.

                       6. Learned counsel for the informant and learned APP

          for the State have vehemently opposed the bail and it has been

          submitted that it is not a murder simplicitor rather the plan was

          well hatched and which is evident from the case diary that the

          tower locations and the communication between the shooters

          and the petitioner is consistently there. It is also clear that during

          investigation it has come that Dinesh and Nikhil are the persons

          who have murdered the deceased. This petitioner has been

          implicated as he was in constant touch with these two assailants.

                       7. Having heard learned counsels for the parties, it is

          very strange that police has arrested three persons in this case

          Toofani Gupta, Shivam Chaudhary and Sonu Gupta but later on

          in fag end of the investigation this petitioner was added on the

          basis of tower location and CDR. Though in the FIR there is

          name of this petitioner and the informant of this case happens to

          be an eye-witness but he himself has not stated in clear tongues

          as to who has murdered the deceased and the delay which has

          been caused in lodging of the FIR creates serious doubt as the

          inquest of the deceased was prepared on the same day of the
             Patna High Court CR. MISC. No.71243 of 2025(7) dt.13-03-2026
                                                         5/5




                       occurrence.

                                     8. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail with the condition that

                       the petitioner shall co-operate in the trial and shall remain

                       physically present on each and every date in the learned trial

                       court. The above named petitioner is directed to be released on

                       bail in connection with Buxar (Muffasil) P.S. Case No. 232 of

                       2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Chief Judicial Magistrate, Buxar.



                                             (Ashok Kumar Pandey, J)
durgesh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.03.2026
Transmission Date       13.03.2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.