Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on condition of a bail bond of Rs.10,000 with two sureties.
Summary
Manish Kumar was arrested in connection with a gold biscuit sale case (Mufassil P.S. Case No. 478 of 2025) under sections 318(4), 336(3), 338, 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that gold weighing 50 grams was recovered from a co‑accused, while a mobile phone was seized from the petitioner. The petitioner contended that he was falsely implicated and that no gold was found in his possession. After hearing both sides, the Court considered the nature of the allegations and the fact that the petitioner had been in custody since 25‑12‑2025. The Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Aurangabad.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under sections 318(4), 336(3), 338, 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the recovery of gold from a co‑accused, and not from the petitioner, affects the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 318(4), 336(3), 338, 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- gold biscuit case
- aurangabad
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9958 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Manish Kumar S/O Late Krishna Singh R/O Vill.- Khaira, P.S- Amba,
District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Mufassil P.S. Case
no.478 of 2025 registered under sections 318(4), 336(3), 338,
111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on information having
been received and a raid being conducted, it is stated that four
accused persons including the petitioner herein in course of sale
and purchase of gold biscuits were caught. It is further stated
that from the possession of one Allahuddin, a piece of gold
weighing 50 gms was recovered, while from the possession of
the petitioner, a mobile phone was recovered.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case. The
Patna High Court CR. MISC. No.9958 of 2026(2) dt.25-02-2026
2/2
allegations as levelled in the FIR are all false and concocted.
Accepting the allegations levelled therein, the gold is said to
have been recovered from the possession of the co-accused and
not the petitioner herein. The petitioner is in custody since
25.12.2025 and undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the gold not having been recovered from the
petitioner’s possession and the petitioner having remained in
custody since 25.12.2025, the Court directs the petitioner to be
enlarged on bail in connection with Mufassil P.S. Case no.478 of
2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate,
Aurangabad.
(Partha Sarthy, J)
Saurabh/-
U T
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