Patna High Court
Manish Yadav @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
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
Checking your session…