Patna High Court
Manish Yadav @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
Manish Yadav was arrested in connection with a sand‑mining incident where alleged firing occurred, leading to charges under multiple sections of the Indian Penal Code and Section 27 of the Arms Act. The petitioner argued that he was falsely implicated, that no one was injured, and that the seized motorcycle did not belong to him, seeking regular bail. The State opposed bail, citing the seriousness of the offences. The court considered the petitioner’s custody since January 2026, his claim of innocence, and the lack of injury, and decided to grant bail on condition of a Rs.25,000 bond with two sureties. The court also warned that bail could be cancelled if the petitioner attempts to delay the trial or framing of charges. The bail application was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 147, 148, 149, 323, 186, 332, 333, 307, 353, 504, 506 IPC and Section 27 Arms Act
- Whether the alleged facts and the petitioner’s claim of false implication justify bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 186, 307, 323, 332, 333, 353, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- illegal sand mining
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18655 of 2026
Arising Out of PS. Case No.-330 Year-2022 Thana- RAJAON District- Banka
======================================================
Manish Yadav @ Manish Kumar S/O Pappu Yadav Resident of Village - Bhat
Korama, P.S- Rajaon , Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State, Mr. Rabindra Kumar.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 147, 148, 149, 323, 186,
332, 333, 307, 353, 504 and 506 of the Indian Penal Code read
with Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and is in custody since
23.01.2026 and the informant alleges that on 09.07.2022 at
08:00 AM, he received an information regarding illegal sand
mining, accordingly, he reached the place of occurrence and
seized two tractors of Mahindra and Swaraj company, further
the named accused persons including the petitioner came and
started firing and fled with Swaraj tractor, but while fleeing the
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accused left motorcycle bearing Registration No. BR 51-H-5105
4. Learned counsel for the petitioner submits that
since petitioner has been falsely implicated in the instant case by
the informant. It is further submitted that though allegation of
firing is alleged, but then no one was injured in the firing and
the said allegation has been alleged only to give seriousness to
the occurrence. It is also submitted that even the motorcycle
which was recovered from the place of occurrence does not
belong to the petitioner. It is also submitted that if privilege of
bail is granted, the petitioner will not abscond rather will
cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State, Mr. Rabindra Kumar,
opposes the regular bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor court in connection
with Rajoun P.S. Case No. 330 of 2022.
7. It is made clear that if the learned Trial Court
comes to a conclusion that petitioner, after his release, is trying
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to delay the framing of charge or after framing of charge is
trying to delay the trial, in both the conditions, the learned Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
8. Accordingly, the instant regular bail application
stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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