Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, Manish Kumar, on the condition of a Rs.10,000 bond with two sureties.
Summary
Manish Kumar was arrested in connection with a case (Jandaha PS Case No.347 of 2025) alleging offences under several sections of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that members of a mob, including Ranjeet Kumar, fired at the informant's son, while the petitioner was said only to be a member of the mob with no specific overt act attributed to him. The petitioner’s counsel argued that the FIR does not allege any overt act by him, he has no criminal antecedent, and a similar accused (Ramanand Chaudhary) had been granted bail. The informant opposed the bail. After hearing both sides, the court found the petitioner's position stronger and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was granted subject to compliance with the conditions specified.
Issues considered
- Whether the petitioner, alleged only to be a member of the mob with no specific overt act, is entitled to bail under the charges framed.
- Whether the absence of criminal antecedent and the grant of bail to a co‑accused justify granting bail to the petitioner.
Legislation cited
Subjects
- bail
- criminal procedure
- mob participation
- Arms Act
- B.N.S.
- sections 126, 127, 103, 61, 3
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21190 of 2026
Arising Out of PS. Case No.-347 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Manish Kumar S/o Late Pawan Mahto R/o Village - Dharampur, P.O - Keshav
Narayanpur, P.S - Tajpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devashish Prasoon, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
For the Informant : Mr. Nikhilesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for bail in connection with
Jandaha P.S. Case No.347 of 2025 registered for the offence
punishable under Sections 126(2), 127(2), 103, 61(2) & 3(5) of
B.N.S. and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that Ranjeet
Kumar fired at the head of the informant’s son. After that Manjeet
Kumar fired at the chest of the informant’s son. It is further stated
that Ashish Kumar and Sonu Kumar also fired which miss the
informant’s son.
4. Learned counsel appearing on behalf of the petitioner
has submitted that from perusal of the FIR it is clear that though
the petitioner has been arrayed in FIR in the list of the accused
persons but no overt act is alleged against him. Learned counsel
Patna High Court CR. MISC. No.21190 of 2026(2) dt.02-04-2026
2/2
for the petitioner has further submitted that the petitioner is only
member of the mob. It has further been submitted that one
Ramanand Chaudhary against whom there is allegation of
exhorting has been granted bail by the learned Co-ordinate Bench
of this Court vide Cr. Misc. No. 663 of 2026. The case of this
petitioner stands on better footing. Learned counsel for the
petitioner has submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 22.11.2025.
5. The application for bail is opposed by learned
counsel for the Informant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the court of learned
A.C.J.M.-VII, Vaishali at Hajipur in connection with Jandaha P.S.
Case No.347 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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