Patna High Court
Manish Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is not entitled to bail as the evidence indicates his involvement in the assault leading to death.
Summary
Manish Kumar Verma was charged under Sections 103(1) and 61(2) of the B.N.S., 2023 for allegedly assaulting and causing the death of the informant's son. The petitioner claimed innocence, arguing that the matter had been pacified and no assault occurred. The informant testified as an eye‑witness, stating he saw his son being assaulted by the petitioner and his friends, and the post‑mortem report corroborated head injuries. The court examined the FIR, eye‑witness testimony, and medical evidence and found a prima facie case against the petitioner. Consequently, the court denied bail, holding that the petitioner does not merit the privilege of release pending trial.
Issues considered
- Whether the petitioner is entitled to bail in view of the alleged assault and death of the informant's son
- Whether the FIR, eye‑witness testimony and post‑mortem report establish a prima facie case justifying denial of bail
Legislation cited
- B.N.S., 2023 — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- assault
- homicide
- eye witness
- postmortem
- Section 103
- Section 61
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65702 of 2025
Arising Out of PS. Case No.-104 Year-2025 Thana- TURKI KHARARU District-
Muzaffarpur
======================================================
Manish Kumar Verma S/O Satya Prakash Narayan Verma R/o village-
korigama, PS- Sakra, district- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Pradhan Murlimanohar Prasad, Adv/
Mr.Raju Kumar, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Turki
Khararu P.S. Case No. 104 of 2025 registered for the offence
punishable under Sections-103(1), 61(2) of B.N.S., 2023.
3. According to FIR, marriage of the daughter of
informant was solemnized with the petitioner. When his
daughter was in her maika, the petitioner came to her maika for
Bidagiri of informant’s daughter, where some quarrel took place
regarding the Bidagiri of daughter of the informant which was
pacified. In the late night, the petitioner and his friends brutally
assaulted the informant’s son and after suffering the assault, he
Patna High Court CR. MISC. No.65702 of 2025(4) dt.29-01-2026
2/2
died.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. According to the FIR, the matter was pacified, so,
there is no question of assault to the deceased by the petitioner
and his friends.
5. On the other hand, learned counsel for the
informant submits that the informant is an eye witness to the
occurrence. He saw his son while he was being assaulted by the
petitioner and his friends. The postmortem report corroborates
the allegation, as on the head of the deceased, the injury was
found.
6. Considering the aforesaid facts and circumstances,
the petitioner does not deserve the privilege of bail and
accordingly, the same is rejected.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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