Patna High Court
Manibhusan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126, 127(2), 61(2)
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
2/3
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
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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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