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Patna High Court

Manoj YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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