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Patna High Court

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

Decided
Disposal
DISMISSED

Holding

The court held that regular bail cannot be granted where the offences are grave and the petitioner has a criminal antecedent.

Summary

The petitioner, Manish Kumar (also known as Manish Singh, Manish Rai, Nanki, Jitendra Rai, Jitendra Ray, Jitendra Singh), applied for regular bail in a case registered as Bidupur Police Station Case No. 428 of 2019, which alleged offences under Sections 307 and 353 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that the accused had fled from the police, were later apprehended, and that one of the accused fired at police personnel. The petitioner had previously sought bail, which was rejected on 19 May 2023 on the ground of his criminal antecedents. The learned High Court, after hearing counsel, considered the seriousness of the alleged offences and the petitioner’s past record and concluded that bail could not be granted. Consequently, the application for regular bail was dismissed and the trial court was directed to frame charges and expedite the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness of the offences under IPC §§307, 353 and Arms Act §27
  • Whether the petitioner’s criminal antecedents justify denial of bail

Legislation cited

Subjects

  • regular bail
  • IPC 307
  • IPC 353
  • Arms Act 27
  • criminal antecedent
  • gravity of offence
  • Patna High Court
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70067 of 2025
                       Arising Out of PS. Case No.-428 Year-2019 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Manish Kumar @ 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/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivanand Singh, Advocate
                 For the Opposite Party/s :        Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-02-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    2. The petitioner seeks bail in connection with

                   Bidpur P.S. Case No. 428 of 2019 instituted under Sections 307

                   and 353 of the Indian Penal Code and Section 27 of the Arms

                   Act.

                                    3. As per prosecution case, the petitioner along

                   with other accused persons, who are wanted in Bidpur P.S.

                   Cases, fled away but police personnel apprehended them and

                   one accused person fired at the police.

                                    4. Earlier the regular bail application of the

                   petitioner was rejected on 19.05.2023 in Cr. Misc. No. 24183 of

                   2023 by this Court which reads as under:-
           Patna High Court CR. MISC. No.70067 of 2025(2) dt.09-02-2026
                                                       2/2




                                                             Heard learned counsel for the
                                          petitioner and learned APP for the State.
                                                             The application has been filed
                                          for grant of regular bail arise out of Bidpur
                                          P.S. Case No 428 of 2019 registered for the
                                          offence punishable under Sections 307 and
                                          353 of the Indian Penal Code and Section 27
                                          of the Arms Act.
                                                             Considering    the       criminal
                                          antecedent of the petitioner, this Court is not
                                          inclined to grant bail to the petitioner.
                                                             Accordingly, the prayer of bail
                                          of the petitioner is rejected herewith.
                                                             The trial court is directed to
                                          expedite the trial of all the cases pending
                                          against the petitioner within stipulated period.
                                      5. Considering the gravity of the offence, I am not
                     inclined to grant the privilege of regular bail to the petitioner in
                     the present case.
                                      6. The application for regular bail is, accordingly,
                     dismissed.
                                      7. The Trial Judge is directed to frame the charges
                     against the petitioner so that the trial is not delayed.



                                                (Sandeep Kumar, J)
Jyoti Kumari/-

U      T


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