Patna High Court
Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner.
Summary
Manoj Yadav was arrested in connection with a murder case (Paharpur PS Case No.378 of 2024) alleged to have been committed under sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act. The petitioner had been in custody since 1 April 2025 and sought bail. The court examined the nature of the offences, the length of custody, and the fact that the petitioner was alleged to be a member of an unlawful assembly. Considering these factors, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount. The judgment expressly noted that no opinion on the merits of the case was expressed, and the order was solely for bail.
Issues considered
- Whether bail should be granted to the petitioner accused of murder under sections 103(1) and 3(5) of the B.N.S., 2023 and section 27 of the Arms Act, considering the nature of the offence and the period of custody.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- murder
- unlawful assembly
- Arms Act
- B.N.S. 2023
- Patna High Court
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26141 of 2026
Arising Out of PS. Case No.-378 Year-2024 Thana- PAHARPUR District- East Champaran
======================================================
Manoj Yadav Son of Late Wakil Yadav Resident of Village- Sataha Dhani
Tola, P.S.- Paharpur, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Harishankar Raj, Advocate
For the Opposite Party : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Paharpur P.S. Case No.378 of 2024 registered for the offence
under sections 103(1) and 3(5) of the B.N.S., 2023 and under
section 27 of the Arms Act.
3. The petitioners and others are said to have
killed the brother of the informant.
4. The petitioner is in custody since
01.04.2025.
5. From the F.I.R., it appears that one Habib
Mian and Jalaluddin Ansari are the assailant of the deceased and
the petitioner is one of the members of unlawful assembly.
6. Considering the aforesaid facts and also the
Patna High Court CR. MISC. No.26141 of 2026(3) dt.28-04-2026
2/2
period of custody of the petitioner, which is from 01.04.2025,
this bail application is allowed.
7. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M.-XI, Motihari, East Champaran / concerned
Court below, in connection with Paharpur P.S. Case No.378 of
2024.
8. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…