Patna High Court
Manish YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioner.
Summary
Manish Yadav applied for regular bail in a murder case (PS Case No. 586 of 2025) where he is charged under Sections 316(2), 103(1), 238(b) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 27, 25(1‑B)A, 26(1) and 35 of the Arms Act. The prosecution alleges that Yadav participated in the killing, citing recovery of a blood‑stained cloth and the murder weapon from his possession. The petitioner contended innocence and false implication, having been in custody since 16‑02‑2026. The State opposed bail, emphasizing the seriousness of the offences and the material evidence. Justice Sandeep Kumar, after considering the nature of the allegations and the evidence, declined to grant bail and dismissed the application, noting that the order is limited to the bail question and does not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused in a murder case involving serious offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the material evidence recovered from the accused justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)A, 26(1), 27, 35
- Bharatiya Nyaya Sanhita — s. 103(1), 238(b), 316(2), 3(5)
Subjects
- bail
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- evidence
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41458 of 2026
Arising Out of PS. Case No.-586 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Manish Yadav S/O Awadhesh Yadav R/O Vill.- Ganga Bigha, P.S - Chandi,
Dist - Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the State : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Chandi
P.S. Case No. 586 of 2025 registered for the offence punishable
under Sections 316(2), 103(1), 238(b) and 3(5) of the Bharatiya
Nyaya Sanhita and Sections 27, 25(1-B)A, 26(1) and 35 of the
Arms Act.
3. As per the prosecution case, the petitioner along
with others is accused of killing the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 16.02.2026.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.41458 of 2026(2) dt.25-06-2026
2/2
6. The deceased was called by Rekha Devi and on the
next day, her dead body was recovered. During investigation it
has come that the petitioner has participated in the murder of the
deceased. The blood stained cloth of the deceased and the
murder weapon has been recovered from the petitioner.
7. Considering the nature of allegation levelled
against the petitioner, I am not inclined to grant bail to the
petitioner.
8. Accordingly, the application stands dismissed.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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