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Patna High Court

Manoj Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioners, holding that their clean antecedent and completed investigation justify release without prejudice to the prosecution.

Summary

Petitioners Manoj Kumar Sah and Uday Narayan Sah, Nepalese nationals, were arrested in connection with a case registered under sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita and sections 25(1B)(a), 26 and 35 of the Arms Act. They applied for regular bail, contending that the recovery of alleged firearms and a knife was conducted solely by police without any independent witness and that they have no prior criminal record, having been in custody since 26‑08‑2024 while the investigation was completed. The State opposed the bail. The Court considered the petitioners' clean antecedent, the completion of investigation, and the fact that the prosecution's material witnesses are official persons, concluding that granting bail would not prejudice the trial. Accordingly, the Court ordered the release of each petitioner on bail upon furnishing a bond of Rs.20,000 with two sureties of the same amount. The bail order effectively disposes of the petition.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the seriousness of offences under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the manner of seizure of alleged firearms and knife, lacking an independent witness, affects the bail application

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • arms possession
  • seizure of evidence
  • clean antecedent
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89011 of 2025
                     Arising Out of PS. Case No.-388 Year-2024 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
           1.     Manoj Kumar Sah S/O Ram Lal Sah R/O Village Kishan Nagar, Ward No 6,
                  PS- Gauri dara, Distt- Mahotare, (Nepal)
           2.    Uday Narayan Sah @ Udnarayan Sah S/O Late Bacchu Sah R/O Village-
                 Basantpur Sarlahi, PS-Bhaktipur, (Sri Nagar Chowke), Distt-Sarlahi(Nepal).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ritesh Kumar Narain Singh, Adv.
                 For the Opposite Party/s :       Mr. Binod Kumar No. 3, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                    Heard the parties.

                                2. Petitioners seek regular bail in connection with

                   Bathnaha P.S. Case No. 388 of 2024 registered for the offences

                   punishable under sections 310(4) and 310(5) of the Bharatiya

                   Nyaya Sanhita and sections 25(1B)(a), 26 and 35 of the Arms

                   Act.

                                3. The main submissions advanced by petitioners’

                   counsel are that the recovery of the alleged firearms and knife,

                   which are said to have been made from the possession of the

                   petitioners, was not done before any independent person and only

                   police personnels have been shown as witnesses of the search

                   and seizure and the petitioners bear no criminal antecedent and

                   have been languishing in jail since 26.08.2024 and against them
             Patna High Court CR. MISC. No.89011 of 2025(2) dt.12-01-2026
                                                         2/2




                       the investigation has been completed.

                                    4. Learned APP for the State has opposed the prayer of

                       the petitioners.

                                    5. Considering the above submissions, averments

                       made in this application and mainly taking into account the

                       petitioners’ fair and clean antecedent, completion of investigation

                       against them and the fact that in the trial of the petitioners the

                       material witnesses of the prosecution, who are to be examined,

                       are official persons, so, the release of the petitioners on bail will

                       not affect the prosecution in any manner, in my opinion, it is a fit

                       case for bail to the petitioners. Accordingly, let the petitioners

                       named-above be released on bail on furnishing bail bond of Rs.

                       20,000/- (Rupees Twenty Thousand) each with two sureties of

                       the like amount each to the satisfaction of the court concerned in

                       connection with Bathnaha P.S. Case No. 388 of 2024.



                                                 (Shailendra Singh, J)
annu/-

U        T


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