Manoj Kumar Sah Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Manoj Kumar Sah Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail for both petitioners on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the court concerned in connection with Bathnaha P.S. Case No. 388 of 2024.

Issue for consideration

Whether the petitioners should be released on regular bail in connection with Bathnaha P.S. Case No. 388 of 2024 registered under sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita and sections 25(1B)(a), 26 and 35 of the Arms Act.

Court's answer

Given the petitioners' fair and clean antecedent, completion of investigation against them, and the fact that the material prosecution witnesses to be examined at trial are official persons whose examination would not be affected by their release, release on bail will not affect the prosecution in any manner and it is a fit case for bail.

Ratio / Principle

The petitioners are directed to be released on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the court concerned, in connection with Bathnaha P.S. Case No. 388 of 2024.

Detailed headnote1 paragraphs

Patna High Court (Shailendra Singh, J.), single-judge oral order dated 12-01-2026, allowing regular bail. Manoj Kumar Sah and Uday Narayan Sah @ Udnarayan Sah, residents of Nepal, sought regular bail in Bathnaha P.S. Case No. 388 of 2024 (District Sitamarhi), registered for offences punishable under sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita and sections 25(1B)(a), 26 and 35 of the Arms Act. Counsel for the petitioners argued that the alleged firearms and knife were seized without any independent witness, only police personnel being shown as witnesses to the search and seizure; further, the petitioners bear no criminal antecedent, have been languishing in jail since 26.08.2024, and the investigation against them is complete. The learned APP opposed the prayer. Weighing these submissions along with the petitioners' fair and clean antecedent, the completion of investigation, and the fact that the material prosecution witnesses to be examined are official persons so that their release would not affect the prosecution, the Court held it a fit case for bail and ordered release of both petitioners on a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the court concerned.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89011 of 2025

Arising Out of PS. Case No.-388 Year-2024 Thana- BATHNAHA District- Sitamarhi

======================================================

Manoj Kumar Sah S/O Ram Lal Sah R/O Village Kishan Nagar, Ward No 6, PS- Gauri dara, Distt- Mahotare, (Nepal)

Uday Narayan Sah @ Udnarayan Sah S/O Late Bacchu Sah R/O VillageBasantpur Sarlahi, PS-Bhaktipur, (Sri Nagar Chowke), Distt-Sarlahi(Nepal).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Adv. For the Opposite Party/s : Mr. Binod Kumar No. 3, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 12-01-2026

Heard the parties.

2. Petitioners seek regular bail in connection with Bathnaha P.S. Case No. 388 of 2024 registered for the offences punishable under sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita and sections 25(1B)(a), 26 and 35 of the Arms Act.

3. The main submissions advanced by petitioners’ counsel are that the recovery of the alleged firearms and knife, which are said to have been made from the possession of the petitioners, was not done before any independent person and only police personnels have been shown as witnesses of the search and seizure and the petitioners bear no criminal antecedent and have been languishing in jail since 26.08.2024 and against them

Patna High Court CR. MISC. No.89011 of 2025(2) dt.12-01-2026 2/2

the investigation has been completed.

4. Learned APP for the State has opposed the prayer of the petitioners.

5. Considering the above submissions, averments made in this application and mainly taking into account the petitioners’ fair and clean antecedent, completion of investigation against them and the fact that in the trial of the petitioners the material witnesses of the prosecution, who are to be examined, are official persons, so, the release of the petitioners on bail will not affect the prosecution in any manner, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the court concerned in connection with Bathnaha P.S. Case No. 388 of 2024.

(Shailendra Singh, J)

annu/-

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