In Manish Kumar vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices Aravind Kumar and Vipul M. Pancholi passed an order dated August 14, 2026, wherein, it reversed the order dated April 20, 2026 passed by Justice Sandeep Kumar of Patna High Court, and granted regular bail. Even according to the prosecution there was no recovery of weapon from the appellant.
Supreme Court's order reads: "Hence, we are of the considered view that the Appellant is entitled for bail, released on regular bail. The appeal is allowed and the Impugned Order is hereby set aside. The appellant is ordered to be released on bail on such terms and conditions as may be deemed fit and appropriate by the jurisdictional Court."
The appellant was arraigned as an accused in a FIR of 2025 registered for the offences punishable under Sections 191(1), 191(2), 190, 126(2), 115(2), 109, 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He approached the Supreme Court for being enlarged on regular bail after his prayer made before the Trial Court and the High Court was negatived.
Supreme Court's order recorded that from the submissions of the advocates appearing for the parties and on perusal of the counter affidavit, it "emerged from the records that the allegation made in the complaint is the effect that appellant and co-accused had arrived at the informant’s house with firearms and lathis and it was alleged that appellant fired at the informant namely Binod Kumar causing a gunshot injury in left eye."
The counsel appearing for the appellant would contend that the FIR is counter blast to the attack initiated by the informant side and in this regard, an FIR has been registered in FIR No.298 of 2025 by the appellant’s family alleging that the informant side had attacked with sticks and Binod Kumar had fired from country made pistol 6 to 7 times. Hence, the appellant sought for grant of regular bail. The advocates appearing for the parties, it emerged from the records that co-accused (had already been enlarged on bail). Although there was a specific allegation of firing against the appellant, the fact remains that, as per the averments made in the complaint that other co-accused also had carried the firearms.
Earlier, in Manish Kumar vs. The State of Bihar (2026), Justice Kumar had passed a 2-page long order dated April 20, 2026, wherein, he concluded:"6. Considering the fact that the petitioner has fired and injured the victim, this Court is not inclined to grant bail to the petitioner. 7. Accordingly, this application stands dismissed." The petitioner had approached the High Court for bail in connection with a Koilwar P.S. Case No. 297/2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 109, 352, 351(2), 351(3) of B.N.S. and Section 27 of Arms Act.
Section 190: Every member of an unlawful assembly is guilty of an offence committed in prosecution of a common object.
Section 191(2): Rioting (using force or violence as an unlawful assembly of 5 or more people), punishable with up to 2 years imprisonment, a fine, or both.
Section 191(3): Rioting while armed with a deadly weapon, punishable with up to 5 years imprisonment, a fine, or both.
Section 126(2): Punishment for wrongful restraint (voluntarily obstructing someone to prevent them from moving in a direction they have a right to go).
Section 115(2): Voluntarily causing hurt (physical assault/marpit), punishable with up to 1 year imprisonment, a fine up to ₹10,000, or both.
Section 109: Punishment for abetment if the act abetted is committed and no explicit provision is made for its punishment.
Section 352: Punishment for assault or use of criminal force otherwise than on grave provocation.
Section 351(2) and (3): Criminal intimidation; sub-section (3) applies if the threat involves causing death, grievous hurt, or destruction of property, carrying a higher imprisonment term (up to 7 years)
Section 27 of the Indian Arms Act of 1959: sets the penalties for using arms and ammunition illegally. The severity of the punishment depends on whether standard or prohibited weapons are involved and if the illegal use results in loss of life.
As per the prosecution case, petitioner is a accused of firing upon the victim and causing fire arm injury in the thigh. The petitioner's counsel had submitted that petitioner was falsely implicated in the case. It was also submitted that the injury was not on the vital part of the body of the victim. He submitted that he was no criminal antecedent in which he was on bail and he was in custody since December 29, 2025. The petitioner is the son of Baliram Rai, a resident of Chhotaka Chanda, Koilwar, Bhojpur. Now Supreme Court has granted bail to the petitioner.
.