Sugan Manjhi @ Sugan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40474 of 2026 Arising Out of PS. Case No.-207 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Sugan Manjhi @ Sugan Kumar Son of Umesh manjhi R/O Vill.- Shivdih, P.O.- Pathak Chak, P.S.- Sikandra, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-07-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sikandra P.S. Case No. 207 of 2023, registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. Based upon the written report, the prosecution alleges that earlier the petitioner had filed Sikandra P.S. Case No. 117 of 2019 against one Raju Manjhi, who was apprehended by the petitioner along with a country made pistol, which was handed over to the police personnel. However, during the course of investigation, the police has submitted final form against the said Raju Manjhi and directed to institute FIR against the petitioner and accordingly, the present FIR came to
Patna High Court CR. MISC. No.40474 of 2026(2) dt.01-07-2026 2/3 be instituted.
4. Learned Advocate for the petitioner submitted that the earlier FIR was lodged in the year 2019 and later on, during the course of investigation, the police has submitted final form, against the accused of the said case, but surprisingly without showing the complicity of the petitioner, the present FIR has been instituted, alleging arms, which was recovered in connection with Sikandra P.S. Case No. 117 of 2019 belongs to the petitioner. There is no explanation with respect to the delay in completion of the investigation and lodging of the present FIR for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. Moreover, the petitioner bears fair antecedent and he undertakes that he will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the present FIR has been instituted only on account of the fact that during the course of investigation, in connection with Sikandra P.S. Case No. 117 of 2019, instituted by the petitioner, has been found false, besides delay in lodging of the present FIR and the
Patna High Court CR. MISC. No.40474 of 2026(2) dt.01-07-2026 3/3 fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui in connection with Sikandra P.S. Case No. 207 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T