Aklesh Kumar @ Akhilesh ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9377 of 2026
                     Arising Out of PS. Case No.-245 Year-2025 Thana- DERNI BAZAR District- Saran
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                 Aklesh Kumar @ Akhilesh Manjhi S/o Sukhal Manjhi @ Sapyan Manjhi R/o
                 Village- Magaidih, Police station- Chapra Muffsil, District- Saran Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra
                 For the Opposite Party/s :       Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   15-05-2026                       Heard Mr. Brij Kishor Mishra, learned counsel for

                   the petitioner and Mr. Binod Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.10.2025 in connection with Derni P.S. Case No. 245 of 2025

                   for the offences punishable under Sections 103(1), 61(2) and

                   3(5) of BNS and Section 27 of the Arms Act.

                               3. The case of the prosecution, in brief, is that one

                   Dilip Manjhi got his fardbeyan recorded before the Assistant

                   Sub-Inspector of Police, namely, Hare Ram Singh of T.O.P.

                   P.M.C.H., Patna on 21.10.2025 at 11:15 hours for the occurrence

                   alleged to be taken place on 20.10.2025 at 22:00 hours, who

                   made accused to (1) Ranjeet Kumar and (2) Aklesh Kumar, on

                   the basis of which Derni Police Station Case No.245 of 2025
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          was registered on 21.10.2025 under sections-103(1), 61(2), 3(5)

          of    the    "B.N.S."      and     section     27   of   the Arms Act.

          The informant in his fardbeyan stated that his younger bother

          Munchun Kumar @ Ranjeet Kumar was doing the work of

          labourer who, who on 20.10.2025 at 10:00 p.m. had proceeded

          with his friend Ranjeet Kumar and Aklesh Kumar to Derni Devi

          Sthan situated in village Pojhi and started distributing the earn

          remuneration and in that course all the three made quarrel with

          each other and during that course Aklesh Kumar picked up

          Pistol from his waist which Ranjeet Kumar son of Bhageran Rai

          picked up and then fired with that pistol on Munchun Kumar @

          Ranjeet Kumar on his temple. On getting information about the

          said occurrence the informant came there and then he learnt that

          Ranjeet Kumar had taken away his brother for treatment at

          Parsa Government Hospital from where he was sent to P.M.C.H.

          Patna, who died at P.M.C.H. Patna during treatment on

          21.10.2025.

                      4.    Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is

          further submitted that the allegation as alleged in the FIR is

          forged and fabricated and the petitioner has not committed any

          offence as alleged in the FIR. It is next submitted that from
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          perusal of the FIR it appears that the main assailant of the case

          is Ranjit Kumar. Apart from aforesaid, confessional statement of

          Ranjit Kumar was recorded before the police in which he has

          stated that he has fired upon the victim and the police after

          investigation has submitted charge-sheet and petitioner is in

          custody since 22.10.2025.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner but

          fairly submits that Ranjit Kumar has fired upon the victim.

          Apart from that petitioner has antecedent of one case other than

          the present case but fairly submits that petitioner is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned      Judicial

          Magistrate-First Class, Chapra, District-Saran in connection

          with Derni P.S. Case No. 245 of 2025, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
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                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that 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 bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T