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Patna High Court

Sarjun ManjhiversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to Suraj Manjhi and denied anticipatory bail to Sarjun Manjhi.

Summary

Petitioners Sarjun and Suraj Manjhi applied for anticipatory bail fearing arrest in an arms case (Sections 25(1‑b)(i), 26 and 35 of the Arms Act) where co‑accused claimed the weapons were obtained from them. The State opposed bail, highlighting that Sarjun has five prior criminal cases and Suraj has one. The petitioners argued they were innocent, no weapon was recovered from them and only the co‑accused’s statement implicated them. The Patna High Court, after hearing counsel, granted anticipatory bail to Suraj Manjhi subject to surrender, a bail bond of Rs 10,000 and two sureties, while rejecting Sarjun’s anticipatory bail due to his extensive criminal antecedents. Sarjun was directed to surrender before the trial court and seek regular bail there.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the arms case
  • Whether the criminal antecedents of the petitioners justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • criminal antecedent
  • Section 438 CrPC
  • Section 482(2) B.N.S.S.
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91870 of 2025
                       Arising Out of PS. Case No.-630 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
           1.     Sarjun Manjhi S/O Rameshwar Manjhi Resident of Vill.- Basua Tand, P.S-
                  Bazir Ganj Dist.- Gaya
           2.    Suraj Manjhi S/O Sarjun Manjhi Resident of Vill.- Basua Tand, P.S- Bazir
                 Ganj Dist.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioners apprehending their arrest in

                   connection with Wazir Ganj P.S. Case No. 630 of 2025

                   instituted for the offence under Sections 25(1-b)(i), 26 and 35 of

                   the Arms Act.

                                3. The case of the prosecution is that some arms were

                   recovered from the possession of Pramod Kumar and Urmila

                   Devi. On being asked, they disclosed that they have obtained

                   these from these petitioners.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.91870 of 2025(2) dt.09-02-2026
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          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have falsely been implicated in this

          case. Save and except the statement of the co-accused, there is

          nothing against the petitioners and also nothing has been

          recovered from their possession.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioners and has submitted

          that petitioner no. 1 is having criminal antecedent of five cases

          whereas petitioner no. 2 is having criminal antecedent of one

          case.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner no. 2, namely, Suraj

          Manjhi on bail. The petitioner no. 2 is directed to surrender in

          the Court below within a period of four weeks from today and in

          the event of his arrest or surrender in connection with Wazir

          Ganj P.S. Case No. 630 of 2025, he will be enlarged on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of

          learned J.M. 1st Class, Gaya subject to the conditions as laid

          down under section 482(2) of B.N.S.S.

                       7. So far as petitioner no. 1, namely, Sarjun Manjhi is
            Patna High Court CR. MISC. No.91870 of 2025(2) dt.09-02-2026
                                                        3/3




                      concerned, he is having criminal antecedent of five cases, as

                      such, I am not inclined to enlarge the petitioner on anticipatory

                      bail. Hence, his prayer for anticipatory bail stands rejected.

                                   8. However, the petitioner no. 1 is directed to

                      surrender before the learned trial Court and pray for regular bail

                      and the same shall be considered by the learned trial Court on its

                      own merit without being prejudiced by this order.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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