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Patna High Court

Manibhusan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail upon furnishing the prescribed bond and sureties, subject to specified conditions.

Summary

Manibhusan Kumar was arrested on 13 November 2025 in connection with a FIR alleging that he, along with others, fired at the son of informant Kusheshwar Mandal, injuring him. The FIR, filed on 16 September 2025, charges him under Sections 115(2), 126, 127(2), 109, 61(2) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, arguing that the FIR contains no specific allegation of his participation in the shooting. The prosecution opposed bail, highlighting eight prior criminal cases against the petitioner, though he is on bail in five of them. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Arms Act.
  • Whether the FIR sufficiently implicates the petitioner to deny bail.
  • Whether the petitioner’s antecedent criminal cases justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bihar Narcotic Substances Act
  • false implication
  • antecedent cases
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38728 of 2026
                   Arising Out of PS. Case No.-356 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Manibhusan Kumar S/o Late Feku Ray R/o Village - Mahesha Farrukhpur,
                 Larkaniya Tola, P.S - Mahindwara, District - Sitamarhi
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Deepshikha
                 For the Opposite Party/s :       Mr.Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   13.11.2025 in connection with Runni Saidpur P.S. Case No. 356

                   of 2025 for the offences punishable under Sections 115(2), 126,

                   127(2), 109, 61(2) of BNS and Section 27 of the Arms Act.

                               3. As per prosecution case the brief fact is like that,

                   the above said FİR was registered on the Fardbeyan of

                   Kusheshwar Mandal (hereinafter called informant) as per his

                   fardbeyan dated 16.09.2025 he stated that the accused persons

                   whose name are mentioned in the FIR are residents of his

                   nearby village and on 16.09.2025. The accused persons

                   including petitioner has through gunshot fire brutally injured

                   Lalit Mandal son of informant and consequently the present FIR

                   was lodged in a Runnisaidpur PS Case No. 356/2025 น/ร.

                   115(2), 126, 127(2), 109, 61(2) of B.N.S., 2023 and 27 of Arms

                   Act.
Patna High Court CR. MISC. No.38728 of 2026(2) dt.22-06-2026
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                      4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is

          further submitted that it appears from the FIR that informant is

          not an eye-witness to the alleged occurrence although the

          petitioner is named in the FIR but from perusal of the FIR it

          appears that there is no specific allegation of assault or overt act

          or firing is attributed against the petitioner rather the allegations

          are general and omnibus in nature. Learned counsel for the

          petitioner next submits that police after investigation has

          submitted charge-sheet and petitioner is in custody since

          13.11.2025.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of eight cases other than

          the present case but out of eight cases petitioner is on bail in

          five cases.

                       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

          Additional Sessions Judge-IX, Sitamarhi in connection with

          Runni Saidpur P.S. Case No. 356 of 2025, subject to the
           Patna High Court CR. MISC. No.38728 of 2026(2) dt.22-06-2026
                                                       3/3




                     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)
Gaurav Sinha/-

U      T


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