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Patna High Court

Manish Yadav @ Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Manish Yadav applied for regular bail in a criminal miscellaneous case (No.42183 of 2026) arising from a charge under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that a pistol and three live cartridges were recovered from a co‑accused, and that Yadav's name was disclosed by the co‑accused after he escaped. The petitioner contended that he was innocent, that nothing was recovered from his possession, and that he was falsely implicated despite having three prior criminal cases. The State opposed the bail application, arguing the seriousness of the arms offences. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail can be granted to the petitioner under the Arms Act offences pending trial

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • criminal procedure
  • bail application
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42183 of 2026
                    Arising Out of PS. Case No.-498 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Manish Yadav @ Manish Kumar S/o Dayaram Yadav @ Dayanand, Resident
                 of Village - Mahinathpur, P.S.- Rajnagar, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Gagan Deo Yadav, Advocate
                                                 Mr. Rohit Kant Singh, Advocate
                                                 Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s:       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 25(1-B)(a),

                   26 and 35 of the Arms Act.

                                 3. The case of the prosecution, in short, is that from

                   the possession of co-accused Mithilesh Yadav, one country

                   made pistol and three live cartridges were recovered. It is

                   alleged that the petitioner managed to escape and his name was

                   disclosed by co-accused.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
             Patna High Court CR. MISC. No.42183 of 2026(2) dt.30-06-2026
                                                         2/2




                       case. Learned counsel for the petitioner has submitted that

                       nothing has been recovered from the possession of this

                       petitioner. He has no concern with the alleged recovery. It has

                       further been submitted that as the petitioner is having criminal

                       antecedent of three cases, he has been framed in this case. He is

                       languishing in judicial custody since 06.12.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Madhubani in connection with Rajnagar P.S. Case No. 498 of

                       2025.


                                                   (Ashok Kumar Pandey, J)

lata/-
U        T


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