Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, and the petitioner was not granted bail.
Summary
Manish Kumar was arrested for allegedly firing at a victim, causing a thigh injury, under multiple sections of the Indian Penal Code and Section 27 of the Arms Act. He applied for regular bail, asserting false implication, lack of prior criminal record, and willingness to cooperate with the trial. The prosecution opposed the bail, emphasizing the seriousness of the firearm injury. The court considered the fact that the petitioner had fired and injured the victim and was not persuaded by the bail arguments. Consequently, the court dismissed the bail application, denying release.
Issues considered
- The petitioner is entitled to regular bail despite being charged under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 352, 351(2), 351(3) of the IPC and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26015 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Manish Kumar Son of Baliram Rai Resident of Village - Chhotaka Chanda,
P.S. - Koilwar, District - Bhojpur, Ara.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Nath Pandey, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Koilwar P.S. Case No. 297/2025 registered for the offences
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
109, 352, 351(2), 351(3) of B.N.S. and Section 27 of Arms Act.
3. As per the prosecution case, petitioner is accused of
firing upon the victim and causing fire arm injury in the thigh.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that the injury is not on the vital part of the body of
the victim. Learned counsel further submits that he has no
criminal antecedent in which he is on bail and he is in custody
since 29.12.2025. The petitioner undertakes to co-operate in the
Patna High Court CR. MISC. No.26015 of 2026(2) dt.20-04-2026
2/2
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the fact that the petitioner has fired and
injured the victim, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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