Patna High Court
Manish Yadav @ Manish Kumar Yadav @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to regular bail as there is no specific allegation of his participation in the offence and he has a clean antecedent.
Summary
Manish Yadav was arrested in connection with a case involving alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act, where co‑accused Gautam Thakur shot and killed the husband of an informant. The prosecution alleged that Yadav was present at the scene but did not allege any specific overt act by him. Yadav pleaded innocence, highlighted his clean antecedent and argued that he had been in custody only since 8 January 2026. The State opposed bail, citing the seriousness of the charge. The Court, after considering the nature of the accusation, the lack of specific participation, Yadav’s clean record and the short period of custody, granted regular bail on a bond of Rs. 10,000 with two sureties. Yadav was ordered to be released upon compliance with the bail conditions.
Issues considered
- Whether the petitioner, who was merely present at the scene of a murder and faces charges under the Bharatiya Nyaya Sanhita and Arms Act, is entitled to regular bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103, 3(5), 61(2)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- murder
- clean antecedent
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23485 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Manish Yadav @ Manish Kumar Yadav @ Manish Kumar Son of Ram yadav
@ Ramu yadav Resident of Village - Yadav Tole Sakri, P.S. - Sakri, Dist. -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Mr. Sumit Kumar Singh,
Ms. Archna Anand, Advocates
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Pandaul P. S. Case No. 162 of 2025 registered for the offences
punishable under Sections 103, 3(5) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act to which Section 61(2)
BNS was added later on.
3. As per prosecution case, co-accused Gautam
Thakur shot in the chest of the husband of informant and on the
way to the hospital, he died. It is alleged that this petitioner and
others were present at the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
Patna High Court CR. MISC. No.23485 of 2026(2) dt.06-05-2026
2/2
accusation of firing is against co-accused Gautam Thakur, who
shot dead the husband of informant. Petitioner is only alleged to
be present at the place of occurrence and there is absolutely no
allegation of any specific overt act against him. Petitioner
claims clean antecedent and is in custody since 08.01.2026.
Charge-sheet has already been submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Madhubani in
connection with Pandaul P. S. Case No. 162 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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