Patna High Court
Manish Patel @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail subject to a bond and conditions.
Summary
Manish Patel (also known as Manish Kumar) was charged under IPC sections 307, 341, 323, 504, 34 and Arms Act section 27 for allegedly firing a pistol on the orders of Abhimanyu Singh, causing gun‑shot injury to an informant. He had been in custody since 4 September 2023 and his earlier bail application was rejected in April 2024. The petitioner argued that only one person was injured and that the trial had proceeded slowly, with only four witnesses examined. The State opposed bail, but the court noted the seriousness of the allegations and the long pre‑trial detention. Considering the trial’s progress and the petitioner’s prolonged custody, the court granted regular bail on a bond of Rs 10,000 with two sureties and imposed conditions of personal appearance and possible cancellation for non‑cooperation.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences and the duration of pre‑trial detention
- Whether the trial’s progress and the petitioner’s custody period justify bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 34, 341, 504
Subjects
- regular bail
- pre‑trial detention
- IPC offences
- Arms Act
- court conditions
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30947 of 2026
Arising Out of PS. Case No.-281 Year-2021 Thana- HARSIDHI District- East Champaran
======================================================
Manish Patel @ Manish Kumar, Son of Gena Raut @ Genna Raut, Resident
of Village- Kanchhedwa, Harsidhi Babu Tola, PS- Harsidhi, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
Mr. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 03-07-2026 Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Harsidhi P.S. Case no.281 of
2021, registered under sections 307, 341, 323, 504 and 34 of the
Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, it is stated that on the
orders of Abhimanyu Singh, the petitioner and one Pappu Singh
fired from the pistol as a result of which the informant sustained
gun-shot injury.
4. Learned counsel for the petitioner submits that the
earlier application for bail of the petitioner was rejected vide
order dated 16.4.2024 passed in Cr. Misc. no.2336 of 2024. It is
submitted that as against the allegation of firing on two persons
Patna High Court CR. MISC. No.30947 of 2026(3) dt.03-07-2026
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including the petitioner herein, there is only one injury found on
the informant. The petitioner has remained in custody since
4.9.2023 and the trial has still not concluded.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. A report was called for from the learned trial Court.
As per the report received contained in letter dated 8.5.2026 of
the learned District and Additional Sessions Judge-XII,
Motihari, East Champaran, the trial is continuing with four
witnesses having been examined.
7. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the F.I.R and especially the petitioner having
remained in custody for 2 years 9 months since 4.9.2023, the
petitioner is directed to be enlarged on bail in connection with
Harsidhi P.S. Case no.281 of 2021, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Motihari, East Champaran on the following
conditions :-
(I) The petitioner shall remain physically present in
the trial Court on each date of the trial and shall cooperate in the
Patna High Court CR. MISC. No.30947 of 2026(3) dt.03-07-2026
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trial.
(II) In case the petitioner remains absent on any single
date for reasons not to the satisfaction of the learned trial Court
or the learned trial Court is of the opinion that the trial is being
delayed due to non-cooperation on part of the petitioner, the
learned trial Court may cancel the bail bond of the petitioner
and take him into custody till conclusion of the trial.
(Partha Sarthy, J)
avinash/-
U T
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