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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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