Manoj Kumar @ Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44279 of 2026 Arising Out of PS. Case No.-40 Year-2026 Thana- Lakho District- Begusarai ====================================================== Manoj Kumar @ Manoj Sah Son of Ramjee Sah Resident of Ward No. 30, Tilak Nagar, P.S. and District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Ms. Sangeeta Sharma.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 318(4), 335, 336(2), 336(3) and 3(5) of the BNS, 2023 read with Sections 4 and 5 of Bihar Lottery Act, 1993.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that based on secret information, Krishna Mohan, Jitendra Kumar and Md. Afzal were apprehended with illegal lottery tickets of Nagaland and Sikkim State Lotteries and they disclosed that they have purchased the lottery ticket from Ravi and petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.44279 of 2026(2) dt.16-07-2026 2/3 petitioner has been falsely implicated in the instant case based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted that Jitendra, Md. Afzal and Krishna Mohan Jha were granted the privilege of regular bail by orders dated 27.04.2026, 13.05.2026 and 27.04.2026 in B.A. No. 458 of 2026, B.A. No. 614 of 2026 and B.A. No. 449 of 2026 by the learned District & Additional Sessions Judge-XI, Begusarai. It is next submitted that since accused, in whose confession the name of the petitioner transpired, have been granted the privilege of regular bail, as such, no useful purpose would be served by sending the petitioner to jail. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.44279 of 2026(2) dt.16-07-2026 3/3 trial court where the case is pending/successor court in connection with Lakho P.S. Case No. 40 of 2026 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. One of the bailors of the petitioner shall be his father namely Ramjee Sah.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

9. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

10. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T