Patna High Court
Sahnawaj MansuriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court held that bail should be granted subject to strict conditions, as the petitioner was not named in the FIR and has a clean antecedent.
Summary
The petitioner, Sahnawaj Mansuri, was arrested in connection with a robbery and assault case (Shivsagar P.S. Case No. 186 of 2025) alleged under Section 309(4) of the Bhartiya Nyaya Sanhita and Section 25(1‑b)a of the Arms Act. The prosecution alleged that the accused, along with an associate, were attacked and robbed of jewellery, a mobile phone and cash. The petitioner contended that he was not named in the FIR, was falsely implicated based on a police report, and has a clean criminal antecedent, having been in custody since 20‑06‑2025. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the circumstances, granted bail on the condition of a Rs.10,000 bond with two sureties, requiring the petitioner’s presence at trial dates and compliance with verification of antecedents, and ordered that any violation would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged robbery and possession of a firearm under Sections 309(4) of the Bhartiya Nyaya Sanhita and 25(1‑b)a of the Arms Act.
- Whether the petitioner’s claim of non‑naming in the FIR and clean antecedent warrants bail despite the seriousness of the offences.
Legislation cited
- Arms Act — s. 25(1-b)a
- Bhartiya Nyaya Sanhita — s. 309(4)
Subjects
- bail
- criminal procedure
- robbery
- arms act
- false implication
- antecedent verification
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76214 of 2025
Arising Out of PS. Case No.-186 Year-2025 Thana- SHIVSAGAR District- Rohtas
======================================================
Sahnawaj Mansuri S/o Shamsher Mansuri @ Md. Samsher Mansuri Resident
of Village- Belarhi, Police Station- Darigaon, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Sharma,, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with
Shivsagar P.S. Case No. 186 of 2025, registered for the offences
punishable under Sections 309(4) of the Bhartiya Nyaya Sanhita
and Section 25(1-b)a of the Arms Act.
3. As per the prosecution case, the informant has
alleged that he along with his friend Pranis Jaiswal were
returning from a wedding ceremony and they were brutally
beaten by some unknown persons and on the point of pistol they
snatched away golden chain, a mobile phone and also cash of
Rs. 5000/-.
4. Learned counsel for the petitioner submits that he is
not named in the FIR. He has been falsely implicated in this
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case merely on suspicion based on some report to the police. It
is next submitted that the petitioner carries clean antecedent and
he is in custody since 20.06.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Rohtas in connection with
Shivsagar P.S. Case No. 186 of 2025, subject to the following
conditions:
(i) One of the bailors will be a close relative of the
petitioner:
(ii) the petitioner will remain present on each and
every date fixed by the trial court, if so required by the learned
trial court:
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the court concerned:
(iv) the court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
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that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification;
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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