Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as no fresh ground was shown and the offences are of a grave nature.
Summary
Mantu Kumar was arrested in connection with a murder case (PS Roshanganj Case No.49 of 2025) and charged under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27(3) of the Arms Act. He applied for regular bail, which was first denied by the Patna High Court on 25 June 2025, the court finding no fresh ground and noting the seriousness of the offences. The petitioner filed a second bail application, arguing that circumstances had changed. The court, after hearing counsel, held that the allegations remained grave, no new material was presented, and therefore the earlier decision stood. Consequently, the bail application was dismissed and the trial court was directed to frame charges promptly.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the B.N.S. and Arms Act
- Whether any fresh ground exists to merit a review of the earlier bail denial
Legislation cited
- Arms Act — s. 27(3)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- murder
- Bharatiya Nyaya Sanhita
- Arms Act
- grave offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12606 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- ROSHANGANJ District- Gaya
======================================================
Mantu Kumar S/O Gopal Saw R/O Vill.- Lenzawa Naukadhi, P.S.-
Huntarganj, Dist.- Chatra, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar Patna ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Santosh Kumar Pandey, Advocate
Mr. Mayank Raj, Advocate
Mr. Rahul Singh, Advocate
For the State : Mr. Prem Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Roshanganj P.S.
Case No.49 of 2025 registered for the offence under Sections
103(1), 238, 3(5) of the B.N.S., 2023 and under section 27(3) of
the Arms Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 25.06.2025 passed in Criminal
Miscellaneous No.38929 of 2025. The aforesaid order dated
25.06.2025 reads as under:-
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
Patna High Court CR. MISC. No.12606 of 2026(2) dt.23-02-2026
2/2
connection with Roshanganj P.S. Case No. 49
of 2025 registered for the offence under
Sections 103(1), 238, 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27(3) of the
Arms Act.
3. The petitioner was last seen with the
deceased and thereafter the deceased was
killed. The petitioner is in custody since
10.04.2025.
4. Considering the allegations levelled
against the petitioner, I am not inclined to
grant bail to the petitioner. Accordingly, this
application for regular bail is hereby
rejected.”
4. Considering the gravity of the offence and
also the fact that no fresh ground for grant of bail is made out, I
am not inclined to review my earlier order. Accordingly, this
bail application is dismissed. The trial court is directed to frame
the charge in the case at the earliest.
(Sandeep Kumar, J)
pawan/-
U T
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