Manoj Kumar @ Monaj Rai @ Monaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12741 of 2026 Arising Out of PS. Case No.-332 Year-2025 Thana- SALIMPUR District- Patna ====================================================== Manoj Kumar @ Monaj Rai @ Monaj Yadav Son of Dandan Yadav Resident of Village - Salimpur, P.S.- Salimpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under Sections 115(2), 126(2), 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, the informant is the Manager of Mamta Food Plaza. On the alleged date of occurrence, two persons arrived in the said hotel and demanded cold drink. It is further alleged that after taking cold drink, they started plucking flowers, which was protested by guard of the hotel. Consequently, an altercation took place and firing was made by the accused persons, due to which glasses of gate, window and vehicle were broken. Thereafter, police arrived

Patna High Court CR. MISC. No.12741 of 2026(2) dt.26-02-2026 2/3 there and apprehended three accused persons including the petitioner and one person fled away. It is alleged that one loaded pistol, one empty cartridge and three pellets were recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Further submission is that in order to grab the land of the petitioner which is situated near the said hotel, this false and fabricated case has been lodged. The charge-sheet has already been submitted after completion of investigation. Similarly situated co-accused person, namely, Mangal Yadav @ Rohit Kumar has already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 17.02.2026 passed in Cr. Misc. No. 9593 of 2026. Petitioner is in custody since 24.11.2025. Petitioner has got one criminal antecedent in which he is on bail. He undertakes to co-operate in the trial. There is no chance of tampering with the evidence or absconding of the petitioner.

5. Learned A.P.P. for the State opposes the bail application of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the fact that charge-sheet has been

Patna High Court CR. MISC. No.12741 of 2026(2) dt.26-02-2026 3/3 submitted, similarly situated co-accused person has been granted bail and period of custody undergone, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh/concerned Court in connection with Salimpur P.S. Case No. 332 of 2025.

(Sunil Dutta Mishra, J) utkarsh/- U T