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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail and ordered his release on condition of a bail bond.

Summary

The petitioner, Manish Kumar, sought bail for offences under Sections 109, 140, 111 and 61(2) of the B.N.S., 2023 arising from a case where an informant was allegedly attacked by armed miscreants. The prosecution’s case relied on the statement of a co‑accused, Saurav Kumar, who implicated the petitioner’s step‑brother Vikash Kumar in arranging a contract killing, but no direct material was recovered from the petitioner. The petitioner argued innocence, highlighted the lack of any seized weapon or contraband from him, pointed to an enmity with the informant, and noted that co‑accused had already been granted bail and he had no prior criminal record. The State opposed bail. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The bail order was pronounced on 11‑03‑2026.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023.
  • Whether the statements of co‑accused and the alleged enmity constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • B.N.S. 2023
  • Sections 109,140,111,61(2)
  • stepbrother
  • informant
  • judicial custody
  • enrollment of co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86061 of 2025
                     Arising Out of PS. Case No.-646 Year-2025 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Manish Kumar S/o- Late Vijay Narayan Pandey R/O- Pirmuhanai Uma
                 Cinema, Kadamkuan PS- Gandhi Maidan District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bindeshwar Kumar
                 For the Opposite Party/s :      Mr. Amitesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   11-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kadamkuan P.S. Case No. 646 of 2025 registered for the

                   offence punishable under Sections 109, 140, 111, 61(2) of

                   B.N.S., 2023.

                                3. The case of the prosecution, in short, is that certain

                   unknown miscreants have caught the informant. They were

                   armed with a weapon. When the informant raised alarm, one of

                   them was apprehended who was identified as Saurav Kumar.

                   Saurav Kumar has disclosed that co-accused Vikash Kumar who

                   is stepbrother, has arranged the contract killer at Rs. 8,00,000/-.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.86061 of 2025(4) dt.11-03-2026
                                            2/3




          committed no offence. From perusal of the F.I.R. itself it is clear

          that only one person Saurav Kumar was apprehended and from

          his possession, only a mobile and bike was recovered whereas it

          is alleged that the miscreants were armed with weapon. It has

          further been submitted that the name of this petitioner has

          surfaced in the statement of the co-accused. It has also been

          submitted that there is enmity between the informant and the

          petitioner as he is stepbrother of the petitioner. He has also

          submitted that nothing has been recovered from the conscious

          possession of this petitioner. He has further submitted that other

          co-accused persons have been granted bail by this court vide Cr.

          Misc. Nos. 91379 of 2025 and 10670 of 2026. Moreover, the

          petitioner is having no criminal antecedent and he is languishing

          in judicial custody since 17.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Judicial
           Patna High Court CR. MISC. No.86061 of 2025(4) dt.11-03-2026
                                                       3/3




                     Magistrate 1st Class, Patna in connection with Kadamkuan P.S.

                     Case No.646 of 2025.



                                                (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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