Patna High Court

Mannu KumarversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court held that in the absence of any material evidence apart from a belated confessional statement, the petitioner is entitled to bail.

Summary

The petitioner, Mannu Kumar, was arrested in connection with a murder case (PS Case No.29 of 2025) involving alleged robbery and shooting under Sections 309(6) and 103(1) of the BNS and Section 27 of the Arms Act. The prosecution’s case is based mainly on a confessional statement made by the petitioner three months after the incident, with no material recovered from his possession. The petitioner’s counsel argued that the confession was belated, that he has no other incriminating evidence against him, and that he has been in judicial custody since 11 September 2025. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedents. After hearing both sides, the Court found that the confession alone, without corroborative evidence, was insufficient to deny bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the confessional statement recorded after three months can be the sole basis to deny bail
Whether the petitioner is entitled to bail despite the seriousness of the offences under the BNS and Arms Act
Whether the petitioner’s prior criminal antecedents justify refusal of bail

Legislation cited

Arms Act — s. 27
BNS — s. 103(1), 309(6)

Subjects

bail
confessional statement
criminal antecedent
Arms Act
BNS
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13147 of 2026
                    Arising Out of PS. Case No.-29 Year-2025 Thana- Parmanandpur District- Madhepura
                 ======================================================
                 Mannu Kumar Son of Fudan Sharma Resident of village - Morballa, P.S.-
                 Bihara, District – Saharsa

                                                                                   .... ... Petitioner/s
                                                        Versus


                 The State of Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amarnath Jha, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Parmanandpur P.S. Case No.29 of 2025 registered for the

                   offence punishable under Sections 309(6) & 103(1) of the

                   BNS and under Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   informant has gone to attend marriage of brother of son-in-

                   law of his maternal uncle. It is further alleged that informant

                   and his maternal uncle proceeded on a bike. Three unknown

                   persons surrounded them and took Rs.9,000/- and mobile. The

                   unknown miscreants directed the maternal uncle of the

                   informant to put his hands up and it is alleged that one of

                   them fired with a small weapon due to which he died.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.13147 of 2026(3) dt.10-04-2026
                                            2/3




          petitioner has submitted that in this case the name of this

          petitioner has surfaced during investigation on the basis of his

          confessional statement. Learned counsel for the petitioner has

          further submitted that the petitioner was arrested on suspicion

          as he is having criminal antecedent of two cases. After that the

          petitioner has given his confessional statement. Learned

          counsel for the petitioner has further submitted that nothing

          has been recovered from the possession of this petitioner.

          Save and except the confessional statement, there is nothing

          against him. It has further been submitted that the confession

          was recorded at belated stage, i.e. after three months of the

          occurrence. Learned counsel for the petitioner has further

          submitted that the petitioner is languishing in judicial custody

          since 11.09.2025.

                       5. The application for bail is opposed by learned

          APP for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the court of
            Patna High Court CR. MISC. No.13147 of 2026(3) dt.10-04-2026
                                                        3/3




                      learned CJM, Madhepura in connection with Parmanandpur

                      P.S. Case No.29 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

Continue reading with your account

Checking your session…