Created by Fuzzy Cloud

Patna High Court

Manish Yadav @ Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, subject to conditions, as the FIR does not specifically charge him and lacks corroborative evidence.

Summary

Manish Yadav was arrested in connection with a shooting incident alleged under several sections of the Bihar Narcotic Substitution Act, 2023 and Section 27 of the Arms Act. He filed a bail petition claiming the FIR is false, that he is not specifically named, and that there is no independent witness against him. The State opposed bail, asserting that the FIR implicates him for holding the informant while the co‑accused fired. The court examined the allegations, noted the lack of specific charge against the petitioner and the absence of corroborative evidence, and ordered his release on bail with a Rs.10,000 bond and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of his criminal antecedent. The bail order also stipulated cancellation of bail for non‑appearance on two consecutive dates without sufficient reason. The petition for bail was therefore granted.

Issues considered

  • Whether the petitioner is entitled to bail despite the FIR allegations and pending charges under the BNS Act and Arms Act.
  • Whether the petitioner is specifically named in the FIR, warranting denial of bail.
  • Whether the existence of another pending case affects the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • FIR
  • arms act
  • assault
  • shooting
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18546 of 2026
                        Arising Out of PS. Case No.-106 Year-2025 Thana- Bathnaha District- Araria
                 ======================================================
                 Manish Yadav @ Manish Kumar Son of Late Lilanand Yadav Resident of
                 Village- Palasi Ward No. 06, P.S.- Narpatganj, District- Araria
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Thakur, Advocate
                                          :        Mr.Purushottam Kumar, Advocate
                 For the Opposite Party/s :        Mr.Md. Fahimuddin,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                   Heard Mr.Ajay Kumar Thakur, learned counsel for

                   the petitioner, learned counsel for the informant and Mr.Md.

                   Fahimuddin, learned Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   21.12.2025 in connection with Bathnaha P.S. Case No. 106 of

                   2025, F.I.R. dated 28.10.2025 registered for the offence

                   punishable under Sections 115(2), 126(2), 118(1), 117(2), 109,

                   61(2) of BNS, 2023 and Section 27 of the Arms Act.

                                 3. Allegation against the petitioner is that he caught

                   hold the informant and co-accused person, namely, Ganesh

                   Yadav fired upon the informant on his left waist as a result of

                   which he became badly injured.

                                 4. Learned counsel appearing for the petitioner

                   submits that the allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.18546 of 2026(2) dt.24-03-2026
                                            2/3




          fabricated and the petitioner has not committed any offence as

          alleged in the FIR and even no independent witness has

          supported the case of the prosecution. Although the petitioner is

          not named in the FIR but it appears from the FIR that there is no

          specific allegation of any assault, overt-act or firing attributed

          against the petitioner rather the allegation against the petitioner

          is that he caught hold to the informant and the co-accused

          person, namely, Ganesh Yadav has fired upon him and the

          police, after investigation, submitted the chargesheet against the

          petitioner and the petitioner is in custody since 21.12.2025.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State, on the other hand, has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner is named in the FIR and it appears from the FIR itself

          that he has caught hold to the informant and the co-accused

          person has fired upon him. Further submits that the petitioner

          carries one more case other than the present one but he fairly

          submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.18546 of 2026(2) dt.24-03-2026
                                                         3/3




                       each to the satisfaction of learned Chief Judicial Magistrate,

                       Araria in connection with Bathnaha P.S. Case No. 106 of 2025,

                       with the following conditions:-

                                    (I) Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the Court

                       and shall remain physically present as directed by the Court and

                       on his/her absence on two consecutive dates without sufficient

                       reason, his/her bail bond shall be cancelled by the Court below.

                                    (II) If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    (III) And, further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage, it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.


                                              (Rajesh Kumar Verma, J)
Nitesh/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.