Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should not be granted due to the gravity of the offences and the petitioner’s prior criminal antecedents.
Summary
Manish Kumar applied for regular bail in a case registered under Sections 309(4) and 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, alleging that ATM cards were looted by unknown persons. The prosecution alleged that the petitioner was identified by the informant in the T.I.P. and highlighted the seriousness of the offences and the petitioner’s two prior criminal antecedents. The petitioner, represented by Advocate Ajay Kumar, claimed innocence and argued that he had been in custody since 07‑07‑2025. The State, represented by APP Anita Kumari, opposed the bail application. The Court, noting the gravity of the offences and the petitioner’s antecedents, declined to grant regular bail and dismissed the application, emphasizing that its observations were prima facie and not to prejudice the trial.
Issues considered
- Whether regular bail can be granted in a case involving Sections 309(4) and 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act given the seriousness of the alleged offences
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 309(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- antecedents
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74521 of 2025
Arising Out of PS. Case No.-119 Year-2024 Thana- HALAI District- Samastipur
======================================================
Manish Kumar Son of Sakal ray Resident of village - Kaua, Ps- Halai, Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 05-05-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Halai P.S. Case No. 119 of 2024 registered for the offence under
Sections 309(4), 109 of the Bharatiya Nyaya Sanhita, 2023 and
under Sections 27 of the Arms Act.
3. As per prosecution case, Rs. 2,45,000/-, ATM cards
etc., have been looted by unknown persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner is in custody since 07.07.2025.
5. The informant has identified the petitioner in the
T.I.P.
6. Learned A.P.P. for the State as well as learned
counsel for the informant have vehemently opposed the prayer
Patna High Court CR. MISC. No.74521 of 2025(4) dt.05-05-2026
2/2
for bail.
7. Considering the gravity of offence and two criminal
antecedents of the petitioner, this Court is not inclined to grant
regular bail to the petitioner, this application is dismissed.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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