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Patna High Court

Manish Kumar Singh @ Raja Singh @ Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

Manish Kumar Singh applied for regular bail in a case involving murder (IPC s.302) and an offence under the Arms Act (s.27). He contended that he was falsely implicated, not named in the FIR, and that his police‑recorded confessional statement should not be considered evidence; he also pointed out that a T.I.P. had not been conducted. The State opposed bail, noting that all prosecution witnesses had been examined and the trial was nearing conclusion, and relied on a Supreme Court decision stating that bail is rarely granted once trial in serious offences has commenced. The High Court considered the seriousness of the charges, the advanced stage of the trial, and the precedent, and concluded that bail could not be granted at this stage. Consequently, the petition for bail was rejected.

Issues considered

  • Whether bail can be granted to an accused of murder and an Arms Act offence at the advanced stage of trial
  • Whether a police‑recorded confessional statement has evidentiary value for bail considerations
  • Whether the absence of the petitioner’s name in the FIR and the non‑conduct of a T.I.P. affect the right to bail
  • Application of the Supreme Court precedent on bail in serious offences

Legislation cited

Subjects

  • bail
  • murder
  • Arms Act
  • confessional statement
  • trial stage
  • serious offences
  • Supreme Court precedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53575 of 2025
                   Arising Out of PS. Case No.-414 Year-2021 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Manish Kumar Singh @ Raja Singh @ Manish Kumar S/o- Ram Prasad
                 Singh @ Ram Singh Resident of Village- Nirpur PS- Mufassil, Dist-
                 Samastipur

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dr. Bipin Chandra, Advocate
                 For the Opposite Party/s :     Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   28-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Sadar

                   P.S. Case No. 414 of 2021, S.Tr. No. 152 of 2024 instituted for

                   the offences under Sections 302 of the Indian Penal Code and

                   27 of the Arms Act.

                               3. Prosecution case, in short, is that the informant’s

                   brother was shot dead by unknown persons.

                               4. Earlier, vide order dated 19.07.2024 passed in Cr.

                   Misc. No. 63995 of 2023, the prayer of the petitioner for grant

                   of regular bail was rejected by this Court.

                               5. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.53575 of 2025(4) dt.28-01-2026
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          petitioner has falsely been implicated in the present case.

          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case during investigation and he was arrested

          and his confessional statement was recorded. Learned counsel

          further contended that confessional statement recorded before

          the police has no evidentiary value in the eye of law. No specific

          overt act is alleged against the petitioner. Learned counsel

          further submitted that T.I.P. has not been conducted till date to

          ascertain the involvement of the petitioner in the alleged

          offence. It has been submitted on behalf of the petitioner that the

          petitioner is in custody since 18.02.2022 and has eighteen

          criminal antecedents.

                      6. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. Learned

          APP further submitted that all the prosecution witnesses have

          been examined and the trial is on the verge of conclusion.

          Learned APP for the State relied upon a decision of the Hon’ble

          Apex Court reported in 2024 SCC OnLine SC 3539 (X. vs.

          State of Rajasthan & Anr.), wherein in paragraph no. 14, the

          Hon’ble Apex Court has held has under:

                          “14. Ordinarily in serious offences like rape,

                          murder, dacoity, etc., once the trial commences and
           Patna High Court CR. MISC. No.53575 of 2025(4) dt.28-01-2026
                                                       3/3




                                     the prosecution starts examining its witnesses, the

                                     Court, be it the Trial Court or the High Court

                                     should be loath in entertaining the bail application

                                     of the accused.”

                                  7. Considering the aforesaid facts and circumstances

                     of the case as also the present stage of trial, this Court is not

                     inclined to grant bail to the petitioner at this stage.

                                  8. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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