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Patna High Court

Manish Kumar Rai @ Manish Singh @ Manish Rai @ Nanki @ ManishversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed; the petitioner was not entitled to bail.

Summary

The petitioner, Manish Kumar Rai, was charged under Sections 395 and 412 of the Indian Penal Code for allegedly looting Rs. 8 lakh from a bank, with his name appearing in a co-accused's confessional statement. He has fourteen prior criminal antecedents of a similar nature. The trial court framed charges on 16‑02‑2024 and the case is currently under trial. The petitioner sought regular bail for the second time, but the High Court found no fresh ground to revisit its earlier order of 28‑07‑2023, which had denied bail. Considering the seriousness of the offences, the extensive criminal record, and the ongoing trial, the court dismissed the bail application and directed the police to ensure witness presence.

Issues considered

  • Whether bail can be granted to an accused of robbery and extortion with a substantial criminal record while the trial is ongoing.
  • Whether the petitioner has shown any fresh ground to merit a revision of the earlier bail denial.

Legislation cited

Subjects

  • bail
  • robbery
  • extortion
  • criminal antecedents
  • trial proceedings
  • Indian Penal Code
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.61660 of 2025
                       Arising Out of PS. Case No.-28 Year-2020 Thana- KARTAHA District- Vaishali
                 ======================================================
                 Manish Kumar Rai @ Manish Singh @ Manish Rai @ Nanki @ Manish S/O
                 Jitendra Rai @ Jitendra Ray @Jitendra Singh Resident of Village- Nanhak
                 Chak, P.S.- Bidupur, District- Vaishali

                                                                                     ... ... Petitioner
                                                          Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Andlib Imrose, Advocate
                                                     Mr. Ashutosh Suman, Advocate
                                                     Mr. Shivanand Singh, Advocate
                 For the State             :         Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-02-2026                        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 regular bail in connection with Kartaha

                   P.S. Case No.28 of 2020 registered for the offence under

                   sections 395 and 412 of the Indian Penal Code.

                                      3.       Earlier, the bail of the petitioner was rejected

                   by this Court vide order dated 28.07.2023 passed in Criminal

                   Miscellaneous No.46138 of 2023. The aforesaid order dated

                   28.07.2023 reads as under:-

                                               “Heard    learned   counsel    for    the
                                      petitioner and learned APP for the State.
                                               2. This application for grant of regular
                                      bail arise out of Kartaha P.S. Case No. 28 of
Patna High Court CR. MISC. No.61660 of 2025(3) dt.10-02-2026
                                            2/3




                          2020 registered for the offence punishable
                          under Sections 395 and 412 of the Indian
                          Penal Code.
                                  3. It is alleged that Rs. 8,00,000/-
                          (Rupees Eight Lakhs Only) was looted from a
                          Bank and name of the petitioner has transpired
                          in the confessional statement of the co-
                          accused.
                                  4. Petitioner has fourteen criminal
                          antecedents of similar nature.
                                  5. Considering the criminal antecedents
                          of the petitioner, this Court is not inclined to
                          grant bail to the petitioner.
                                  6. Accordingly, the prayer of bail of the
                          petitioner is rejected herewith.
                                  7. The Trial of all the cases registered
                          against the petitioner is directed to be
                          expedited.
                                  8. Let a copy of this order be
                          communicated to the learned Sessions Judge,
                          Vaishali at Hajipur for its compliance through
                          FAX and e-mail forthwith.”


                          4.      From the report of the trial Judge, it appears

          that the charge has been framed in this case on 16.02.2024.

                          5.      Considering the fact that the trial is

          proceeding, I am not inclined to review my earlier order dated

          28.07.2023. Further, the learned counsel for the petitioner is not

          able to show any fresh ground for grant of bail to the petitioner.

          Accordingly, this bail application is dismissed.

                          6.      The Superintendent of Police, Vaishali
              Patna High Court CR. MISC. No.61660 of 2025(3) dt.10-02-2026
                                                          3/3




                        directed to ensure the presence of witnesses in the trial.

                                        7.      Let a copy of this order be communicated to

                        the Superintendent of Police, Vaishali forthwith through FAX or

                        e-mail for its compliance.


                                                                (Sandeep Kumar, J)

pawan/-

U         T


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