Patna High Court
Manish Kumar @ BaijaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a bond and conditions.
Summary
Manish Kumar was arrested in connection with a raid on a litchi orchard where police recovered firearms, ammunition and stolen bikes, and alleged that he was part of a group planning a crime. He is charged under IPC sections 399, 402, 413, 414 and Arms Act sections 25(1‑B)a, 26, 35. The petitioner contended that he was not present at the scene, nothing incriminating was found on him, and his name only appeared in co‑accused confessional statements, seeking bail. The prosecution opposed bail, citing the seriousness of the offences. The court, noting the lack of direct evidence against him, the fact that he was not apprehended at the spot, and the length of his pre‑trial custody, ordered his release on bail with a bond of Rs 10,000 and specific conditions.
Issues considered
- Whether bail should be granted to an accused charged with serious offences under the IPC and Arms Act when direct evidence against him is lacking.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Negotiable Instruments (Security) Act — s. 480(3)
- Indian Penal Code — s. 399, 402, 413, 414
Subjects
- bail
- IPC
- Arms Act
- dacoity
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.971 of 2026
Arising Out of PS. Case No.-67 Year-2024 Thana- CHACKMEHSI District- Samastipur
======================================================
Manish Kumar @ Baija, Son of Krishandev Sahni @ Kishandev Sahni @
Krishndev Sahni, Resident of Village- Maheshpur, P.S.- Hattha, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Pratap, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Chakmehsi P.S. Case No. 67 of 2024, registered
for the alleged offences under Sections 399, 402, 413, 414 of the
Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms
Act.
3. As per prosecution case, the informant, a Sub-
inspector, received a tip off about assembly of 5-6 miscreants in
a litchi orchard with intention to commit a crime. A raid was
conducted and co-accused persons were apprehended along with
firearms and ammunition along with stolen bikes. The petitioner
is stated to have fled away from the spot.
Patna High Court CR. MISC. No.971 of 2026(2) dt.15-01-2026
2/3
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. The name of the petitioner came up in the confessional
statement of co-accused Ranjan Kumar and Guddu Kumar.
Nothing incriminating has been recovered from the
person/possession of this petitioner. The petitioner was not even
present at the place of occurrence. The petitioner is in custody
since 01.09.2025 and charge sheet has been submitted. The
petitioner is having antecedent of one case.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
nothing incriminating has been recovered from his
person/possession and further considering the submission of
charge sheet and period of custody of the petitioner, he is
directed to 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 learned Judicial Magistrate-1st Class,
Samastipur/court concerned, in connection with Chakmehsi P.S.
Case No. 67 of 2024, subject to the conditions mentioned in
Patna High Court CR. MISC. No.971 of 2026(2) dt.15-01-2026
3/3
Section 480 (3) of BNSS and also 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.
(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)
V.K.Pandey/-
U T
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