Patna High Court
Manu Kumar @ Monu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the accused and dismissed the application.
Summary
Manu Kumar, accused of stabbing and murdering a person under Sections 326, 302 and 34 of the Indian Penal Code, applied for regular bail for the second time. The trial is underway with four of seven witnesses already examined. The petitioner argued that the trial progress warranted bail, but the State contended that he is the principal assailant. The High Court, noting the seriousness of the offences and the petitioner’s role as the assailant, found no merit to revisit its earlier order denying bail. Consequently, the bail application was dismissed and the trial was directed to be expedited.
Issues considered
- Whether regular bail can be granted to an accused of murder and grievous hurt under Sections 326, 302 and 34 IPC.
- Whether the progress of trial and examination of witnesses justify granting bail.
Legislation cited
- Indian Penal Code — s. 302, 326, 34
Subjects
- bail
- murder
- grievous hurt
- Indian Penal Code
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70712 of 2025
Arising Out of PS. Case No.-3 Year-2023 Thana- MANJHI District- Saran
======================================================
Manu Kumar @ Monu Kumar S/O Ram Balak Mahto R/O Kala Gurdaha,
P.S.- Manjhi, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Harshvardhan, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Manjhi P.S. Case No. 03 of 2023
registered for the offence under Sections 326/ 302/ 34 of the
Indian Penal Code. Earlier the bail application of the petitioner
was rejected vide order dated 16.04.2024 passed in Cr. Misc.
No. 7302 of 2024 which reads as under:-
Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection
with Manjhi P.S. Case No. 03 of 2023 registered for the
offence under Sections 326, 302/34 of the Indian Penal
Code.
3. As per the prosecution case, the
petitioner is assailant of the deceased and he is said to
have stabbed the deceased. The murder weapon i.e. the
Patna High Court CR. MISC. No.70712 of 2025(3) dt.11-02-2026
2/2
Knife has been recovered on the statement of the
petitioner.
4. The petitioner is in jail since 7.1.2023.
5. Considering the fact that the petitioner is
the assailant of the deceased, this Court is not inclined
to grant bail to the petitioner.
6. Accordingly, this application is
dismissed.
7. The Court below is directed to expedite
the trial of the petitioner and conclude the same at the
earliest.
3. It has been submitted by the learned counsel for the
petitioner that the trial is progressing and out of seven, four
witnesses have been examined.
4. Considering the aforesaid facts, this Court finds no
ground to review its earlier order.
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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