Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
Bail was granted to the petitioner subject to the stipulated conditions.
Summary
Manish Kumar, a 20‑year‑old with a clean record, was identified in a viral video firing a pistol and a subsequent police raid recovered a weapon from his jointly occupied house. He was charged under Sections 25(1‑B)(a), 26, 27, 35 and 25(9) of the Arms Act. The petitioner argued that the video had not been forensically examined and that his age and antecedents warranted bail, while the State opposed bail. The Court, after considering the submissions and noting the petitioner’s tender age and fair antecedent, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, including that one bailor be a close family member. The order required surrender within four weeks if arrested.
Issues considered
- Whether bail should be granted in offences punishable under the Arms Act given the petitioner’s age, antecedent and the nature of evidence.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, are applicable to the bail of the petitioner.
Legislation cited
- Arms Act — s. 25(1-B)(a), 25(9), 26, 27, 35
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- Arms Act
- non‑bailable offence
- age of accused
- forensic video
- joint house
- surety
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44045 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- Bhatni District- Madhepura
======================================================
Manish Kumar S/O Sanjay Kumar Yadav R/O Vill.- Haribola, Ward no. 6,
P.s.- Bhatni, Dist.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 08-07-2026 Heard Ms. Pooja Prasad, learned Advocate for the
petitioner and learned Additional Public Prosecutor for the
State.
2. The petitioner apprehends his arrest in connection
with Bhatni P.S. Case No. 3 of 2026 , registered for the offences
punishable under Sections 25(1-B) a, 26, 27, 35 & 25(9) of
Arms Act.
3. The police on receipt of a viral video clip, where
the petitioner was seen firing shots from his pistol, apprehended
one Roushan Kumar, who identified that person as the
petitioner. Whereupon, a further raid has been conducted in the
house of the petitioner and one country made katta kept in a
white colour plastic is also recovered under the bed placed in
the room of the petitioner.
4. Learned Advocate for the petitioner submitted that
the alleged recovery has been made from the joint house of the
Patna High Court CR. MISC. No.44045 of 2026(2) dt.08-07-2026
2/2
petitioner and moreover, the video clip which was made viral
has never been examined forensically. So far the petitioner is
concerned, he is a man of tender age only twenty years having
fair antecedent and, as such, keeping him behind the bar would
jeopardize his career.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the tender age of the petitioner and his fair antecedent, let the
petitioner abovenamed be released on bail, in the event of his
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate 1st Class, Madhepura in
connection with Bhatni P.S. Case No. 3 of 2026, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023, with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
sumit/-
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