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Patna High CourtCR. MISC./21695/2026bail granted

Manoj Kumar v. The State Of Bihar

2026-04-08Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21695 of 2026 Arising Out of PS. Case No.-528 Year-2021 Thana- CHANDI District- Nalanda ====================================================== Manoj Kumar Son of Surendra Yadav @ Surendra Prasadi @ Surendra Prasad Resident of Village - Paharpur, P.S. - Chandi, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Chandi P.S. Case No. 528 of 2021, dated 24.12.2021, lodged under Section 341, 323, 307, 504, 506, 379, & 34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution, an FIR has been lodged against four named accused persons, including the present petitioner, alleging that they conspired to kill the informant. The allegation against the petitioner is that he also fired, and the bullet passed close to the informant's brother's face.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that after completion of the investigation, a

Patna High Court CR. MISC. No.21695 of 2026(2) dt.08-04-2026 2/3 charge-sheet was filed against one co-accused, namely, Ram Janam Gope bearing Charge-sheet No. 69 of 2022, on 19.02.2022, against whom only cognizance was taken.

5. Counsel further submits that a subsequent chargesheet was filed on 31.07.2025 against two other co-accused, namely Anil Kumar and Manoranjan Kumar, and the present petitioner was not sent up for trial as no involvement was found against him due to deficiency of evidence. However, on 03.01.2026, the Court of A.C.J.M.-1st, Hilsa (Nalanda), took cognizance against the present petitioner along with the other co-accused, Anil Kumar and Manoranjan Kumar.

6. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that, though no evidence was found against the petitioner during the investigation, the learned Magistrate, differing with the same, has taken cognizance against the petitioner as well.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

Patna High Court CR. MISC. No.21695 of 2026(2) dt.08-04-2026 3/3 satisfaction of Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Chandi P.S. Case No. 528 of 2021, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T