Patna High Court
Manas YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court granted bail to Anupam Kumari due to lack of substantive evidence beyond her statement, while denying bail to Manas Yadav because of the grave nature of the alleged shooting that caused death.
Summary
The petitioners, Anupam Kumari and Manas Yadav, were arrested in connection with a shooting incident that resulted in the death of Surendra Yadav. The prosecution alleged that Manas Yadav fired the fatal shot, while Anupam Kumari was implicated solely on the basis of a recorded statement claiming a love affair with the accused shooter. Both petitioners applied for regular bail under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The court examined the seriousness of the allegations against Manas Yadav and found sufficient material to justify his continued detention, thereby rejecting his bail application. Conversely, the court noted that the only evidence against Anupam Kumari was her statement, she had no prior criminal record, and a charge‑sheet had already been filed, leading the court to grant her bail on a bond of Rs.10,000 with two sureties.
Issues considered
- The appropriateness of granting regular bail to the accused under sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act
- Whether the statement recorded by police constitutes sufficient ground to deny bail to Anupam Kumari
- Whether the seriousness of the alleged firearm offence justifies denial of bail to Manas Yadav
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 331(4), 3(5), 61(2)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- firearm injury
- murder
- criminal procedure
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
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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/-
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