Patna High Court

Manoj Kumar Sah @ Manoj Sah @ Monoj SahversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

Manoj Kumar Sah applied for bail in a case registered as Araria R.S. P.S. Case No. 168 of 2024 under Section 309(4) of the Bihar Narcotic Substances Act. The prosecution alleged that on 01-11-2024 a manager of a private company was intercepted by three bikers, who, at gunpoint, robbed him of Rs. 1,35,708 and a bike. The petitioner contended that he was falsely implicated, noting that the FIR named unknown miscreants and that only a confessional statement of another accused, Md. Mojib, mentioned his name, with no material recovered from him. He had been in judicial custody since 11-03-2025, while the State highlighted his prior criminal antecedent and opposed bail. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties to the satisfaction of the Judicial Magistrate.

Issues considered

Whether bail should be granted to the petitioner accused under Section 309(4) of the Bihar Narcotic Substances Act given the nature of the offence and the evidence.
Whether the confessional statement of another accused and the absence of recovered material justify bail.

Legislation cited

Bihar Narcotic Substances Act — s. 309(4)

Subjects

bail
Section 309(4)
Bihar Narcotic Substances Act
confessional statement
prior criminal antecedent
armed robbery
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87317 of 2025
                         Arising Out of PS. Case No.-168 Year-2024 Thana- R S P.S. District- Araria
                 ======================================================
                 Manoj Kumar Sah @ Manoj Sah @ Monoj Sah, S/O Late Brij Bihari Sah,
                 Resident of Village- Jankinagar, Chopra Bazar, Ward No. 4, P.S.- Jankinagr,
                 Distt.- Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amit Kumar Anand, Advocate
                 For the Opposite Party/s :         Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Araria R.S. P.S. Case No. 168 of 2024 registered for the

                   offence punishable under Section 309(4) of B.N.S.

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

                   informant is a Manager in a private company. On 01.11.2024,

                   after finishing the work of the company he was returning to

                   Araria. He was being intercepted by three bikers and on the gun

                   point, altogether Rs. 1,35,708/- and bike was snatched by

                   unknown miscreants.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No.87317 of 2025(2) dt.05-01-2026
                                                         2/2




                       committed no offence. He has been falsely implicated in this

                       case. The F.I.R. was lodged against unknown miscreants.

                       During course of investigation, one Md. Mojib was apprehended

                       and he has given his confessional statement. The name of this

                       petitioner has surfaced in the confessional statement of Md.

                       Mojib. It has further been submitted that nothing has been

                       recovered from the possession of this petitioner. He is

                       languishing in judicial custody since 11.03.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having one criminal antecedent.

                                    6. 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. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Judicial

                       Magistrate 1st Class, Araria in connection with Araria R.S. P.S.

                       Case No. 168 of 2024.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T

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