Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed as there was no ground to review the earlier order.
Summary
Manish Kumar was charged under Sections 304, 307 and 3(5) of the B.N.S. in Saharsa P.S. Case No. 69 of 2025. He applied for regular bail for the second time after an earlier bail application was rejected on 13 October 2025. The petitioner’s counsel argued that charges had been framed and the trial had commenced, seeking a review of the earlier bail denial. The court held that the commencement of trial provided no basis to revisit its prior order. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail can be granted after charges are framed and the trial has commenced
- Whether the earlier order denying bail can be reviewed
Legislation cited
- B.N.S. — s. 304, 307, 3(5)
Subjects
- regular bail
- criminal procedure
- trial commencement
- review of order
- Section 304
- Section 307
- Section 3(5) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17409 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Manish Kumar S/O Ramchandra Yadav R/O Village- Amha, ward no. 08,
P.S.- Laukha, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Surendra Mohan, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Saharsa P.S. Case
No. 69 of 2025 registered for the offence under Sections
304, 307, 3(5) of the B.N.S. Earlier the bail application of
the petitioner was rejected vide order dated 13.10.20252
passed in Cr. Misc. No. 71748 of 2025.
3. It has been submitted by the learned counsel for
the petitioner that the charges have been framed.
4. Considering the submission of learned counsel
for the petitioner that the trial has started, this Court finds
no ground to review its earlier order.
Patna High Court CR. MISC. No.17409 of 2026(2) dt.24-04-2026
2/2
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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