Manjay Kumar @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48968 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- SEMAPUR District- Katihar ====================================================== Manjay Kumar @ Prakash Kumar son of Birendra Kumar Mahto, Resident of Village -Kushwaha Tola, Devi Bareta, PO- Semapur, Police Station -Barari, District- Katihar.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajit Kumar Singh, Advocate For the State :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-07-2026 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 Semapur P.S. Case No. 12 of 2026 dated 01.02.2026, registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, Police received information about some miscreants carrying illegal fire-arms, a raid was conducted and three persons were apprehended including this petitioner. From this petitioner, recovery of a country made katta loaded with one live cartridge was made. Further recovery of fire-arms were also made from other coaccused persons.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.48968 of 2026(2) dt.22-07-2026 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. There is violation of Section 103 of the B.N.S.S., 2023 as no independent witnesses joined the seizure. 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 02.02.2026.
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 petitioner's clean antecedent, submission of chargesheet against him and his period of custody, 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 Additional Sessions Judge-II, Katihar / concerned Court, in connection with Semapur P.S. Case No. 12 of 2026, 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.
Patna High Court CR. MISC. No.48968 of 2026(2) dt.22-07-2026 3/3 (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