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Patna High Court

Manish Kumar @ Toffi Rai @ Toffi YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted given the seriousness of the offence, the petitioner’s antecedent, and the existence of numerous other charges.

Summary

Manish Kumar was charged under Section 25(1‑b)(a) of the Arms Act for possession of a firearm with a live cartridge, and has been in custody since 14 July 2023. He sought regular bail, arguing that his prolonged detention warranted relief. The prosecution highlighted that he faces 18 additional criminal cases, underscoring the seriousness of his alleged conduct. The Court considered the gravity of the offence, the petitioner’s antecedent record, and the fact that the trial is ongoing. Concluding that these factors outweighed the petitioner's claim of hardship, the Court refused to grant bail and dismissed the application.

Issues considered

  • Whether regular bail should be granted to the petitioner under the circumstances of the Arms Act offence and multiple pending cases

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • criminal procedure
  • multiple charges
  • custody
  • trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32184 of 2025
                    Arising Out of PS. Case No.-876 Year-2023 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Manish Kumar @ Toffi Rai @ Toffi Yadav S/o Anil Rai @ Anil Yadav @ Anil
                 Kumar Yadav R/Mohalla - Krishna Toli, ward No 3, Brij Bihari Gali, PS-
                 Brahampura, Dist- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Ranjan
                 For the Opposite Party/s :       Mr.Vinod Shanker Modi
                                                  Mr. Shyam Kumar Singh.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   10-02-2026                    Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Ahiyapur P.S. Case No. 876 of

                   2023 registered for the offence under Sections 25(1-b)a of Arms

                   Act. Earlier the bail application of the petitioner was rejected

                   vide order dated 22.02.2024 passed in Cr. Misc. No. 8594 of

                   2024.

                                3. As per the prosecution case, one fire arm with one

                   live cartridge has been recovered from the petitioner.

                                4. Learned counsel for the petitioner has pressed this

                   application on the ground of custody as the petitioner is in

                   custody since 14.07.2023.

                                5. Learned APP for the State has submitted that the
          Patna High Court CR. MISC. No.32184 of 2025(5) dt.10-02-2026
                                                      2/2




                    petitioner is accused in 18 more cases.

                                 6. Considering the gravity of the offence, the

                    antecedent of the petitioner and the fact that the trial is going on,

                    this Court is not inclined to grant bail to the petitioner.

                                 7. Accordingly, this application is dismissed.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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