Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Arms Act — s. 25(1‑Ba), 26, 35
- Bhartiya Nyaya Sanhita — s. 310(4), 310(5)
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
Checking your session…