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Patna High Court

Manish Kumar @ MonuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted given the seriousness of the murder charge and the specific allegations, and dismissed the appeal.

Summary

Manish Kumar appealed against the denial of bail in a murder case where he is accused of killing an informant's mother and allegedly violating the SC/ST Act. The prosecution presented a post‑mortem report indicating death by throttling and argued the seriousness of the offence. The appellant contended he was falsely implicated, that the informant was not an eye‑witness, and that no caste insult was made in public, seeking bail under Section 103 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the SC/ST Act. The court examined the stage of the trial, the specific allegations, and the gravity of the alleged murder, and found that bail was not warranted at this stage. Consequently, the appeal was dismissed and the trial court was directed to expedite the trial.

Issues considered

  • Whether bail can be granted to the accused under Section 103 of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged murder and alleged offence under Section 3(2)(v) of the SC/ST Act.
  • Whether the allegations against the appellant constitute a cognizable offence under the SC/ST Act.

Legislation cited

Subjects

  • bail
  • murder
  • SC/ST Act
  • scheduled castes
  • scheduled tribes
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • high court appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2521 of 2025
                    Arising Out of PS. Case No.-141 Year-2024 Thana- GWALPARA District- Madhepura
                 ======================================================
                 Manish Kumar @ Monu S/o- Saini Yadav Village- Tema Bheela W.No-3, Ps-
                 Gwalpara Dist- Madhepura

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ghanish Kumar S/o- Late Upendra Rishideo Village- Ramnagar Shahpur
                 W.No-3, Ps- Gwalpara Dist- Madhepura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Rajnish Kumar Singh, Advocate
                 For the Respondent/s    :       Mr. Sadanand Paswan, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   15-01-2026                    Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and perused the case

                   diary.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 24.01.2025 passed by learned Additional

                   District and Sessions Judge, First-cum-special Judge, SC & ST

                   (POA) Act, Madhepura whereby the prayer for bail of the

                   appellant in connection with Gwalpara P.S. Case No. 141 of

                   2024 under Section 103 of the Bharatiya Nyaya Sanhita, 2023

                   and Section 3(2)(v) of SC/ST Act was rejected.

                               3. Prosecution case, in short, is that the appellant has

                   allegedly killed informant’s mother in front of Circle Office
Patna High Court CR. APP (SJ) No.2521 of 2025(6) dt.15-01-2026
                                             2/3




          room and her body was lying in the verandah.

                       4. Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the appellant also submits that the

          allegation levelled against the appellant is general and omnibus

          in nature. It is next submitted that the informant is not an eye

          witness of the alleged occurrence. The trial is in progress and

          two witnesses have already been examined in this case. Learned

          counsel for the appellant further submits that the appellant has

          not taken the caste name of the informant in public view. Hence,

          no offence under the provisions of SC/ST Act is made out

          against him. The appellant has no intention to disgrace the

          image of the informant in public view. The appellant is in

          custody since 10.10.2024 and has got no criminal antecedent.

                       5. Learned Special P.P. for the State has vehemently

          opposed the prayer for grant of bail to the appellant and submits

          that there is specific allegation levelled against the appellant. It

          is further submitted that on perusal of the post-mortem report in

          pargraph no. 56 of the case diary, it transpires that cause of

          death has been mentioned as asphyxia due to throttling. Hence,

          the appellant does not deserve the privilege of bail.
             Patna High Court CR. APP (SJ) No.2521 of 2025(6) dt.15-01-2026
                                                          3/3




                                    6. Considering the aforesaid facts and circumstances

                       of the case, stage of the case, specific allegation as also nature

                       and gravity of the offence, this Court is not inclined to grant bail

                       to the appellant at this juncture.

                                    7. Accordingly, the appeal stands dismissed. The trial

                       Court is directed to expedite the trial expeditiously.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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