Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
Manoj Kumar was arrested in connection with a police raid on a liquor‑selling gathering where the accused allegedly resisted police, assaulted officers and freed a co‑accused. The prosecution alleged that Kumar incited the mob, while the defence argued he was falsely implicated, has no prior record and that co‑accused women were already granted bail. The charge‑sheet had been filed and the petitioner had been in custody since 25‑Oct‑2025. The court noted the absence of specific evidence against Kumar, the bail granted to co‑accused, and his clean antecedents. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, Manoj Kumar, is entitled to bail despite charges under multiple sections of the Bhartiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(2), 121(1), 121(2), 125(a), 125(b), 126(2), 132, 190, 191(2), 191(3), 192, 221, 263, 324(4), 61(2)
Subjects
- bail
- incitement
- mob violence
- police assault
- Arms Act
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7454 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Manoj Kumar, son of Chandra shekhar Ray, resident of village- Sahlori, PS-
Bhagwanpur, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bhagwanpur P.S. Case No. 316 of 2025 dated 24.10.2025,
instituted for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 117(2), 118(2), 109(1), 132, 121(1),
121(2), 125(a), 125(b), 221, 192, 61(2), 263, 324(4) of the
Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the police team after getting secret
information, reached at the spot and found a large gathering where
two persons were selling liquor. On seeing the police, the accused
persons tried to flee away after throwing liquor into the river but
one Rohit Kumar was apprehended along with a Pulsar motorcycle
Patna High Court CR. MISC. No.7454 of 2026(2) dt.04-02-2026
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bearing Registration No. BR09AQ7971. While the accused was
being taken to the police station, on way, his family members and
other accused persons unlawfully restrained the police party and
assaulted them with sticks and bricks, causing serious injuries to
police personnel and they succeeded in getting Rohit Kumar freed
from the police custody. It is alleged that the petitioner was seen
inciting the mob.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that F.I.R. has
been lodged against 41 named and unnamed accused persons
including the petitioner. It is further submitted that allegation
against the petitioner is that he instigated the mob, but specific
allegation is against Kala Devi, Jyoti Devi and Asha Devi that they
assaulted the police party with sticks, bricks causing serious
injuries to them. It is further submitted that co-accused Kala Devi,
Jyoti Devi and Asha Devi have been granted bail vide order dated
28.01.2026 passed by a co-ordinate Bench of this Court in
Criminal Miscellaneous No. 3606 of 2026. Lastly, it has been
submitted that the petitioner is in custody since 25.10.2025 having
no criminal antecedents. Charge-sheet has been submitted in the
case.
5. Learned A.P.P. has opposed the prayer for bail of the
Patna High Court CR. MISC. No.7454 of 2026(2) dt.04-02-2026
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petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Chief Judicial Magistrate,
Begusarai in Bhagwanpur P.S. Case No. 316 of 2025.
(Khatim Reza, J)
premchand/-
U T
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