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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Manish Kumar was arrested in Gaya with two country‑made pistols and three live cartridges recovered from a motorcycle and charged under Sections 310(4)/310(5) of the Bhartiya Nyaya Sanhita and Sections 25(1‑Ba)/26/35 of the Arms Act. The petitioner claimed he was falsely implicated, arguing that the weapons were found beneath the seat of the motorcycle and not in his conscious possession, and highlighted his four prior criminal antecedents. The State opposed bail, while the petitioner pointed out that co‑accused Navin Kumar and Chandan Kumar had already been released on bail in similar cases. The Court, noting the parity with co‑accused and the petitioner’s custody since 04‑06‑2025, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to several conditions including regular reporting to the Superintendent of Police. The order also stipulated that any concealment of antecedents or violation of conditions could lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the petitioner despite serious charges under the Bhartiya Nyaya Sanhita and the Arms Act.
  • Whether the recovery of weapons from beneath the motorcycle seat negates possession by the petitioner.
  • Whether the petitioner’s prior criminal antecedents preclude bail.
  • Whether parity with co‑accused already released on bail warrants granting bail.

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • arms possession
  • Bhartiya Nyaya Sanhita
  • Arms Act
  • high court
  • Gaya

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85708 of 2025
                     Arising Out of PS. Case No.-527 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Manish Kumar Son of Late Kamlesh Paswan Resident of village- Naudiha
                 Khurd Ps -Wazirganj District -Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dharmveer, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   09-01-2026                      Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                    2. The petitioner seeks bail in connection with

                   Gaya Muffasil P.S. Case No. 527 of 2025 dated 02.06.2025,

                   registered for the offences under Sections 310(4)/310(5) of the

                   Bhartiya Nyaya Sanhita and Sections 25(1-B)a/26/35 of the

                   Arms Act.

                                    3. As per the prosecution case, the petitioner along

                   with others was apprehended with two countrymade pistols and

                   three live cartridges which was recovered from the motorcycle.

                                    4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated merely

                   because he carries four criminal antecedents of similar nature. It

                   has further been submitted that the allegations of recovery is
Patna High Court CR. MISC. No.85708 of 2025(2) dt.09-01-2026
                                            2/3




          false and admittedly the recovery was made beneath the seat of

          the motorcycle and not from the conscious possession of the

          petitioner. It has next been submitted that the other two co-

          accused persons namely Navin Kumar vide order dated

          17.09.2025 passed in Cr. Misc. No. 66106 of 2025 and Chandan

          Kumar vide order dated 09.09.2025 passed in Cr. Misc. No.

          60573 of 2025 have already been enlarged on bail by co-

          ordinate Benches of this Court.

                          5. The petitioner is in custody since 04.06.2025.

                          6. Learned APP for the State has vehemently

          opposed the prayer for bail of the petitioner.

                          7. Considering the submissions made on behalf of

          the parties and taking into account the fact that similarly situated

          co-accused have been enlarged on bail, the petitioner is directed

          to be released on bail on his furnishing bail bonds in the sum of

          Rs. 10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Gaya in connection with Gaya Muffasil P.S. Case

          No. 527 of 2025, subject to the following conditions:

                                               (i) One of the bailors will be a close
                                  relative of the petitioner;
                                               (ii) the petitioner will remain present on
                                  each and every date fixed by the Court below, if so
                                  required by the learned Trial Court;
                                               (iii) in case of absence on two
                                  consecutive dates or in violation of the terms of the
            Patna High Court CR. MISC. No.85708 of 2025(2) dt.09-01-2026
                                                        3/3




                                              bail, the bail bonds of the petitioner will liable to be
                                              cancelled by the Court concerned;
                                                           (iv) 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 bonds of the
                                              petitioner. However, the acceptance of bail bonds in
                                              terms of the above mentioned order shall not be
                                              delayed for purpose of the same on in the name of
                                              verification.
                                                           (v) in view of the antecedents of the
                                              petitioner, the petitioner is directed to appear before
                                              the Superintendent of Police Gaya within fifteen
                                              days of his release with a copy of this order and
                                              every two weeks thereafter for the next nine months.
                                              The conduct of the petitioner will be kept under
                                              watch in this period by the Superintendent of Police
                                              concerned and if it is found wanting in any respect, a
                                              report shall be made to the court concerned by him
                                              to initiate a proceeding for cancellation of bail for
                                              reasons of misuse of bail. After reporting to the
                                              Superintendent of Police, a certificate will be filed
                                              by the petitioner before the court concerned.
                                   8. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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