Patna High Court
Manu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
In the absence of any incriminating evidence and considering the petitioner’s clean antecedent, the court held that bail must be granted.
Summary
Manu Kumar Son was arrested in connection with a case involving alleged firing under Section 109(1) read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution’s case relied mainly on the confessional statements of co‑accused Vishal Kumar and Laddu Yadav, with no physical evidence or identification parade linking the petitioner to the offence. The petitioner’s counsel argued that he was implicated only on suspicion, had a clean antecedent, and that the chargesheet had already been filed. The State opposed bail, but the court noted the lack of substantive material, the petitioner’s clean record, and the period of custody already served. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner in the absence of incriminating material and on the basis of confessional statements of co‑accused.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109(1), 3(5)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- criminal procedure
- confessional statement
- Arms Act
- Section 109
- Section 27
- clean antecedent
- chargesheet
- identification parade
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91435 of 2025
Arising Out of PS. Case No.-392 Year-2025 Thana- BIHIA District- Bhojpur
======================================================
Manu Kumar Son Lt. Kishori Singh, Resident of Village - Phingi Near Shiv
Mandir, P.S. - Bihiya, Dist. - Bhojpur, Ara.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Bihiyan P.S. Case No. 392 of 2025 dated
21.10.2025, registered for the offences punishable under Section
109(1) read with Section 3(5) of the B.N.S., 2023 and Section 27
of the Arms Act.
3. As per the prosecution case, while informant and
his associates were exploding firecrackers, 6 to 7 persons riding
three motorcycles came there and surrounded them. They entered
into a scuffle with them, and these persons opened fire upon the
informant and others and the informant received gunshot wounds
and his co-villager succumbed to the fire-arm injury.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.91435 of 2025(3) dt.24-02-2026
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been implicated in the present case. The petitioner was
apprehended in this case merely on the basis of suspicion and
name of the petitioner transpired during investigation in the
confessional statement of the co-accused Vishal Kumar, who
confessed his guilt and subsequently, the confessional statement of
the petitioner was also recorded. However, nothing incriminating
has been recovered from person or possession of the petitioner and
he has not been put to any test identification parade till date. The
allegation of opening fire is against co-accused Laddu Yadav and
in the firing made by Laddu Yadav, one person lost his life.
Learned counsel further submits that except for the confessional
statement of the co-accused, there is no substantive material
against the petitioner and nothing incriminating has been
recovered from person or possession of the petitioner. Learned
counsel next submits that petitioner is having clean antecedent and
chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 03.11.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of material collected by the police against this petitioner
and also considering the fact that nothing incriminating has been
Patna High Court CR. MISC. No.91435 of 2025(3) dt.24-02-2026
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recovered from the petitioner and further considering his clean
antecedent, his period of custody and submission of chargesheet,
the petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1 st Class, Bhojpur at Ara / concerned
Court, in connection with Bihiyan P.S. Case No. 392 of 2025,
subject to the condition laid down under Section 480(3) of the
B.N.S.S. and other 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 three consecutive dates or
in violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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