Patna High Court
Manish Kumar Singh @ Raja Singh @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Indian Penal Code — s. 302
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
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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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