Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions.
Summary
Manish Kumar was arrested on 4 March 2025 in connection with a FIR dated 1 March 2025 alleging offences under several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution’s case is based on the confessional statements of co‑accused Bunty Kumar, who alleged that Manish fired at the victim, and on Manish’s own confession. The petitioner argued that he has a clean antecedent, was not originally named in the FIR, and that no other material links him to the crime. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offences and the petitioner’s alleged involvement. The High Court, considering the length of custody and the circumstances, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences charged under the Bihar Narcotic Substances Act, 2023 and the Arms Act.
- Whether the confessional statements of co‑accused and the petitioner’s own confession preclude the grant of bail.
- Whether the period of custody and the petitioner’s alleged clean antecedent justify bail.
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 127(2), 329(3), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused
- Arms Act
- Bihar Narcotic Substances Act
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.668 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Manish Kumar S/o Subodh Sah @ Sree Sobodh Sah R/o village - Abjuganj,
P.S. - Sultanganj, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 06-04-2026 Heard Mr. Devendra Kumar Pandey, learned counsel
for the petitioner and Mr. Ram Anurag Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.03.2025 in connection with Sessions Trial no. 672 of 2025,
arising out of Sultanganj P.S. Case No. 88 of 2025, F.I.R. dated
01.03.2025 for the offences punishable under Sections 329(3),
126(2), 127(2), 115(2), 109, 352, 351(2) and 3(5) of B.N.S,
2023 and section 27 of the Arms Act.
3. According to prosecution case, the co-accused
Bunty Kumar has ordered his two associates to fire upon the
informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.668 of 2026(4) dt.06-04-2026
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implicated in the present case. Initially the petitioner was not
named in the F.I.R and his name has been transpired during
investigation on the basis of the confessional statement of the
co-accused persons and thereafter the petitioner has confessed
his guilt in the present occurrence. As per the confessional
statement of the co-acccused, the petitioner has fired upon the
victim. He further submits that except the aforesaid, no other
material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 04.03.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that it has come during investigation that the petitioner
has fired upon the victim.
6. Considering the aforesaid facts and circumstances
as well as period of custody, 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 District & Additional Sessions Judge-
XI, Bhagalpur, in connection with Sessions Trial no. 672 of
Patna High Court CR. MISC. No.668 of 2026(4) dt.06-04-2026
3/3
2025, arising out of Sultanganj P.S. Case No. 88 of 2025,
subject to the 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)
Vanisha/-
U
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