Patna High Court
Manish Kumar @ Manish MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, refusing to grant regular bail to the petitioner.
Summary
Manish Kumar was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing on the son of a victim, resulting in death. The petitioner had been in custody since 12 December 2022 and had previously applied for regular bail, this being his second attempt. The prosecution had examined seven of ten charge-sheeted witnesses, and the trial was reported to be on the verge of completion. The High Court considered the seriousness of the offences, the stage of the trial, and the fact that substantial evidence had already been recorded. Consequently, the Court was not inclined to grant bail and dismissed the application. The judgment was limited to the bail application and did not express any opinion on the merits of the criminal case.
Issues considered
- Whether regular bail should be granted to an accused in a murder case under Sections 302/34 IPC and Section 27 Arms Act when the trial is nearing completion
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Section 34
- Arms Act
- regular bail
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71539 of 2025
Arising Out of PS. Case No.-107 Year-2019 Thana- KANHAULI District- Sitamarhi
======================================================
Manish Kumar @ Manish Mahto Son of Tildhari Mahto Resident of Village-
Araria PS -Kanhauli Dist -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Sessions Trial No. 96 of
2023 arising out of Kanhauli P.S. Case No. 107 of 2019
registered for the offence under Sections 302/34 of the Indian
Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
said to have fired upon the son of the victim and because of the
same the son of the informant died.
4. The petitioner is in custody since 12.12.2022
and in the trial out of 10 charge-sheeted witnesses, seven has
already been examined.
5. Considering the fact that the trial is on the verge
Patna High Court CR. MISC. No.71539 of 2025(3) dt.09-04-2026
2/2
of completion, this Court is not inclined to grant bail to the
petitioner.
6. Accordingly, this application is dismissed.
7. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
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