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Patna High Court

Manish Kumar @ Manish MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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/-

U


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