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Patna High Court

Manoj BesraversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the seriousness of the offences and the alleged assault on police justify the denial of pre‑arrest bail.

Summary

The petitioner, Manoj Besra, sought pre‑arrest bail after the police, acting on secret information, raided his house in search of liquor and alleged that co‑accused instigated villagers to assault police, causing injuries. The FIR charges the petitioner under multiple sections of the Bihar Negotiable Substances Act (BNS), including offences relating to obstruction of public servants and assault. The petitioner feared arrest and argued that the allegations were unfounded. The court examined whether the seriousness of the offences and the alleged assault on police justified denial of bail. Considering the gravity of the accusations and the alleged assault on law‑enforcement officers, the court rejected the petitioner's prayer for pre‑arrest bail. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite charges under sections 191(2), 191(3), 126(2), 115(2), 117(2), 109, 76, 352, 351(2) and 132 of the BNS.
  • Whether the alleged assault on police officers and obstruction of their duties warrant denial of bail.

Subjects

  • pre‑arrest bail
  • police raid
  • assault on police
  • Bihar Negotiable Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.803 of 2026
                        Arising Out of PS. Case No.-136 Year-2025 Thana- BARHAT District- Jamui
                 ======================================================
                 Manoj Besra S/O Late Jharilal Besra R/O Vill.- Kaduatari, P.S.- Barhat, Dist.-
                 Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madan Mohan, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                         Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under section 191 ( 2 ), 191 (3) , 126

                   ( 2 ), 115 ( 2 ), 117 ( 2 ), 109, 76, 352, 351 ( 2 ) and 132 of BNS.

                                3 . As per F.I.R. police, on a secret information ,

                   conducted a raid in the house of this petitioner in search of

                   liquor where co-accused Dharo Yadav @ Dharmendra and

                   Dablu Yadav instigated the villagers, which followed the assault

                   on the police causing injuries to them.

                                4. Considering the nature of accusation that all the

                   accused persons abused and assaulted police party, as a result of

                   which, some of the police personnel sustained injuries and

                   hindered government official in discharging their duty and
            Patna High Court CR. MISC. No.803 of 2026(2) dt.21-01-2026
                                                        2/2




                      gravity of offence , prayer for pre-arrest bail of the petitioner is

                      rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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