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Patna High Court

Manish Yadav @ Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.18655 of 2026(2) dt.07-05-2026
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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
            Patna High Court CR. MISC. No.18655 of 2026(2) dt.07-05-2026
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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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