Patna High Court
Manish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for regular bail was rejected.
Summary
Manish Yadav was arrested in connection with a 2011 case in Karpi where he was alleged to have fired a pistol at an informant, causing the informant’s death. He is charged under IPC sections 307 (attempt to murder), 342, 34, 302 (murder) and under section 27 of the Arms Act. The petitioner contended that he was falsely implicated and that the FIR narrative was inaccurate, seeking regular bail while in custody since 7 April 2025. The State opposed bail, emphasizing the seriousness of the offences and the fact that the petitioner had absconded for 14 years before his arrest. The High Court, after hearing both sides, declined to grant bail, noting the gravity of the charges and the long period of evasion, and directed the trial court to expedite the trial.
Issues considered
- Whether regular bail can be granted to an accused charged with murder, attempt to murder and offences under the Arms Act.
- Whether the petitioner’s long period of abscondence and the seriousness of the allegations justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 34, 342
Subjects
- bail
- murder
- attempt to murder
- Arms Act
- IPC sections 307 342 34 302
- regular bail
- trial expediting
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76885 of 2025
Arising Out of PS. Case No.-159 Year-2011 Thana- KARPI District- Arwal
======================================================
Manish Yadav Son of Damari Yadav Resident of Village- Belaura, P.S.-
Banshi (Karpi), District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate
Mr. Surendra Kumar Mishra, Advocate
Mr. Satyendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned Senior Counsel for the petitioner
and learned A.P.P. for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Karpi P.S. Case no.159
of 2011 registered under sections 307, 342 and 34 of the Indian
Penal Code and section 27 of the Arms Act to which section 302
of the Indian Penal Code was added subsequently.
3. As per the prosecution case, the petitioner is said to
have fired from his pistol hitting the informant in his stomach.
The informant subsequently died.
4. Learned Senior Counsel for the petitioner submits
that the petitioner has been falsely implicated in the case. The
manner of occurrence is other than what has been narrated in the
F.I.R. Several co-accused, details of whom has been given in the
Patna High Court CR. MISC. No.76885 of 2025(3) dt.21-01-2026
2/2
petition have been enlarged on bail. The petitioner is in custody
since 7.4.2025 and undertakes to cooperate in the trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner of
being the assailant of the deceased together with the fact that in
an F.I.R. registered on 31.12.2011, the petitioner absconded for
14 years and was taken into custody only on 7.4.2025, the Court
is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
avinash/-
U T
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