Patna High Court
Manish Kumar @ Manish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and attendance conditions.
Summary
Manish Kumar was arrested in connection with a murder case registered under Sections 103(1), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that he, along with others, killed the son of an informant, while the petitioner claimed he was falsely implicated and not named in the victim's statement. He had been in custody since 25 June 2025 and sought regular bail. The learned counsel for the State opposed bail, but the court, after considering the facts, the period of custody, and the lack of direct incriminating evidence, allowed the bail application. The court ordered bail on a bond of Rs. 10,000 with two sureties and imposed conditions of regular attendance at the police station.
Issues considered
- Whether regular bail should be granted to the petitioner under the charges of murder and offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- bail conditions
- murder
- Bihar Narcotic Substances Act
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21417 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Manish Kumar @ Manish Yadav Son of Late Sattan Yadav @ Sattan Yadav @
Satan Yadav Resident of Village- Gyan Tol, Bahloriya, Ward No 9, PS
-Sahebpur Kamal, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 1123 of 2025, arising out of Sahebpur Kamal
P.S. Case No. 140 of 2025, registered under Sections 103(1),
3(5) of the B.N.S., 2023 and u/s 27 of the Arms Act but the
charge-sheet has been submitted u/s 103(1), 3(5), 61(2) of the
BNS, 2023.
3. As per prosecution case, petitioner and other
accused person are alleged to have killed the son of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. One Raushan Kumar Yadav was named by the
Patna High Court CR. MISC. No.21417 of 2026(2) dt.30-04-2026
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deceased as he is assailant. The deceased has not taken the name
of the petitioner in his statement given to his father. The
petitioner is in jail since 25.06.2025.
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and period of custody, this application is allowed.
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Principal Sessions Judge, Begusarai
/concerned court below in connection with Sessions Trial No.
1123 of 2025, arising out of Sahebpur Kamal P.S. Case No. 140
of 2025, subject to the condition that:-
(i) The petitioner will mark his
attendance at Sahebpur Kamal Police Station on
1st and 3rd Sunday of each month. Any default in
appearance at the local Police Station will result
into cancellation of his bail bond.
(Sandeep Kumar, J)
Vikas/-
U
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