Patna High Court
Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Manoj Yadav was arrested on 18 March 2025 in connection with a shooting that resulted in the death of an informant's son, alleged under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution contended that Yadav conspired with co‑accused to fire the fatal shot, while the defence argued that he has a clean antecedent and that only suspicion links him to the crime, with co‑accused confessional statements implicating others. The defence also highlighted that bail had already been granted to several co‑accused in a related matter. The court examined the material on record, found no substantive evidence beyond suspicion, and considered the petitioner’s clean record. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was made subject to verification of the petitioner’s antecedents, without delay for such verification.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bharatiya Nyay Sanhita and the Arms Act.
- Whether the evidence on record, primarily suspicion and co‑accused statements, is sufficient to justify continued detention.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- suspicion
- Arms Act
- Bharatiya Nyay Sanhita
- trial cooperation
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3188 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Manoj Yadav S/o Shri Sikendra Yadav R/o Village- Tilathi, P.S- Kanariya,
Dist- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 09-04-2026 Heard Mr. Diwakar Prasad Singh, learned counsel
for the petitioner as well as Mr. Sanjay Kumar Sharma, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.03.2025 in connection with Mahishi P.S. Case No. 67 of
2025, F.I.R. dated 03.03.2025 for the offences punishable under
Sections 103(1), 61(2), 3(5) of the Bharatiya Nyay Sanhita,
2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant
alleged that the petitioner along with other accused persons
conspired and shot his son,who died during treatment at Primary
Health Center, Mahishi.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.3188 of 2026(4) dt.09-04-2026
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implicated in the present case merely on the basis of suspicion
and except suspicion, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. It is next submitted that confessional
statement of co-accused persons have been recorded in
paragraph nos.22, 25 and 26 of case diary in which they have
clearly stated that co-accused Boua Yadav and Badri Yadav have
fired upon the son of the informant and they have also stated
that petitioner has active role as liner in the present occurrence
and similarly situated co-accused persons, namely, Hardeo
Yadav and Sanoj Yadav have been granted the privilege of bail
by the co-ordinate Bench of this Court vide order dated
15.11.2025 in Cr. Misc. No. 49722 of 2022. He further submits
that the police after investigation submitted the charge sheet
against the petitioner and the petitioner is in custody since
18.03.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 Chief
Patna High Court CR. MISC. No.3188 of 2026(4) dt.09-04-2026
3/3
Judicial Magistrate, Saharsa in connection with Mahishi P.S.
Case No. 67 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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