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Patna High Court

Anupam KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail may be granted to Anupam Kumari as the only material against her is a voluntary statement, whereas bail is denied to Manas Yadav due to the serious allegation of firing the weapon that caused death.

Summary

The petitioners, Anupam Kumari and Manas Yadav, were arrested in connection with a firearm‑related homicide alleged to have occurred during a family dispute, where the victim Surendra Yadav later died. Both petitioners claimed they were falsely implicated and that the confessional statements recorded by police were unreliable. The court examined the seriousness of the allegations against Manas Yadav, who was accused of firing the fatal shot, and the lack of substantive evidence against Anupam Kumari beyond her voluntary statement of a love affair. Considering the gravity of the charge against Manas Yadav, the court refused his bail application. Conversely, noting Kumari's clean record, the absence of any material incriminating her beyond the statement, and the submission of a charge‑sheet, the court granted her regular bail on condition of a bond and sureties.

Issues considered

  • The applicability of regular bail under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act to the accused.
  • Whether a statement recorded before police, alleging a love affair, can constitute a material basis for denial of bail.
  • Whether the seriousness of the alleged firearm injury and death justifies denial of bail for the accused who allegedly fired the weapon.

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • false implication
  • confessional statement
  • firearm injury
  • murder
  • court discretion

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.13427 of 2026
                       Arising Out of PS. Case No.-123 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
                 Anupam Kumari, D/o Shambhu Yadav, R/o village- Amni, P.S.- Mansi,
                 District- Khagaria
                                                                     ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                                                         with
                            CRIMINAL MISCELLANEOUS No. 14262 of 2026
                       Arising Out of PS. Case No.-123 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
                 Manas Yadav S/o Gajo Yadav R/o Village- Karhara, P.S- Salkhua, District-
                 Saharsa.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 13427 of 2026)
                 For the Petitioner/s     : Mr. Pramod Mishra, Advocate
                                            Mr. Suraj Kumar, Advocate
                                            Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
                 (In CRIMINAL MISCELLANEOUS No. 14262 of 2026)
                 For the Petitioner/s     : Mr. Pramod Mishra, Advocate
                                            Mr. Suraj Kumar, Advocate
                                            Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s : Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   12-03-2026                 Heard learned counsel for the parties.

                               2. The petitioners have preferred this application for

                   grant of regular bail in connection with Mansi P.S. Case no.123

                   of 2025, registered under sections 109 and 331(4) of the

                   Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act

                   to which sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya
Patna High Court CR. MISC. No.13427 of 2026(2) dt.12-03-2026
                                            2/4




          Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the Arms

          Act were added subsequently.

                       3. As per the prosecution case, the informant states

          that over some dispute between the brother of his elder son-in-

          law namely Manas Yadav and his other son-in-law, it is stated

          that late in the night Manas Yadav came and shot his other son-

          in-law namely Surendra Yadav who is being treated in an

          unconscious state in the hospital.

                       4. Learned counsel for the petitioners submits that the

          petitioners have been falsely implicated in the case. In course of

          treatment, the son-in-law of the informant namely Surendra

          Yadav died. So far as Anupam Kumari is concerned, she

          happens to be the wife of the deceased and as would be evident

          from the contents of the order of the learned trial Court, she has

          been falsely implicated in the case on the basis of her statement

          allegedly recorded before the police to the effect that she was

          having a love affair with the assailant Manas Yadav. The

          allegations are false and incorrect. She is in custody since

          31.5.2025. Charge-sheet has been submitted in the case and she

          has no criminal antecedent.

                       5. Learned counsel for the petitioners further in

          reference to the petitioner Manas Yadav submits that he has
Patna High Court CR. MISC. No.13427 of 2026(2) dt.12-03-2026
                                            3/4




          been falsely implicated in the case. No such occurrence has

          been given effect to by this petitioner as alleged in the F.I.R.

          The allegation of the petitioner having an affair with the wife of

          the deceased is also false and incorrect. The so called

          confessional statement made before police carries no value.

                       6. The applications for bail is opposed by learned

          A.P.P. for the State.

                       7. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioner

          Manas Yadav of having fired upon and causing firearm injury

          on Surendra Yadav leading to his death, the Court is not inclined

          to enlarge the petitioner Manas Yadav on bail and the

          application is rejected.

                       8. In view of the facts and circumstances of the case, the

          allegation of being the assailant of the deceased being solely on

          co-accused Manas Yadav and not the petitioner Anupam Kumari,

          the only material against Anupam Kumari being her statement

          recorded in paragraph no.33 of the case diary wherein in her

          statement before the police she accepted of having a love affair

          with co-accused Manas Yadav, the petitioner Anupam Kumari

          having remained in custody since 31.5.2025, charge-sheet having

          been submitted in the case and her not having any criminal
            Patna High Court CR. MISC. No.13427 of 2026(2) dt.12-03-2026
                                                        4/4




                      antecedent, she is directed to be enlarged on bail in connection

                      with Mansi P.S. Case no.123 of 2025, on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Chief Judicial

                      Magistrate, Khagaria.



                                                    (Partha Sarthy, J)
avinash/-

U      T


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