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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-
U       T


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