Patna High Court

Mantosh KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that bail could not be granted as the trial had already started.

Summary

Mantosh Kumar was arrested in connection with a case registered under Sections 363 and 365 of the Indian Penal Code. He applied for regular bail for the third time after two earlier rejections. The petitioner has been in custody since 10 August 2022 and the trial has already commenced. The court examined the bail applications and noted that the trial’s commencement weighs against granting bail. Consequently, the court declined to grant bail and dismissed the application.

Issues considered

Whether regular bail can be granted to an accused when the trial has already commenced under Sections 363 and 365 IPC

Legislation cited

Indian Penal Code — s. 363, 365

Subjects

regular bail
trial commenced
IPC sections 363
IPC section 365
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73274 of 2025
                          Arising Out of PS. Case No.-189 Year-2022 Thana- BEUR District- Patna
                 ======================================================
                 Mantosh Kumar S/o- Ram Sagar Yadav Resident of Village- Maharna PS-
                 Dharhara Dist-Mungher



                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


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

3   11-02-2026                    Heard the parties.

                                2. This is the third attempt of the petitioner for grant

                   of regular bail in connection with Beur P.S. Case No. 189 of

                   2022 registered for the offence under Sections 363, 365 of the

                   I.P.C.

                                3. Earlier the bail application of the has been rejected

                   twice vide orders dated 04.08.2023 and 21.06.2024 passed in Cr.

                   Misc. No. 45913/2023 and Cr. Misc. No. 35991/2024

                   respectively.

                                4. The petitioner is in custody since 10.08.2022 and

                   the trial has started.

                                5. Considering the fact that the trial has started, this
              Patna High Court CR. MISC. No.73274 of 2025(3) dt.11-02-2026
                                                          2/2




                        Court is not inclined to grant bail to the petitioner.

                                     6. Accordingly, this application is dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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