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Patna High Court

Manoj Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and dismissed the bail application.

Summary

Manoj Kumar Singh applied for regular bail in a case (Ballia PS Case No. 307/2025) alleging offences under Sections 74, 76 and 78 of the B.N.S., which the prosecution alleges involve an attempted rape where the petitioner threatened the victim with a knife. The petitioner’s counsel argued that he was falsely implicated, has two prior criminal records, has been in custody since 09-08-2025, and is willing to cooperate with the trial. The State and the informant opposed the bail. The Court, considering the seriousness of the alleged offence, declined to grant bail, vacated the earlier provisional bail, dismissed the application, and ordered the petitioner to surrender within a week. The order was directed to be communicated to the Superintendent of Police, Begusarai for enforcement.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case involving alleged attempted rape under Sections 74, 76 and 78 of the B.N.S.

Legislation cited

Subjects

  • bail
  • attempted rape
  • criminal procedure
  • provisional bail
  • false implication
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74823 of 2025
                       Arising Out of PS. Case No.-307 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
                 Manoj Kumar Singh S/o Late Sushil Singh R/o Village and P.O.- Rahatpur,
                 P.S.- Ballia, Distt.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.N.K. Aggarwal, Sr. Advocate
                                                   Mr.Kumar Rajdeep, Advocate
                 For the Opposite Party/s :        Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   06-04-2026                          Heard learned Senior Counsel for the petitioner,

                   learned counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with Ballia

                   P.S. Case No. 307/2025 registered for the offences punishable

                   under Sections 74, 76 and 78 of B.N.S.

                                 3. As per the prosecution case, petitioner is the

                   brother-in-law of the victim and he tried to commit rape with the

                   victim after threatening her with a knife and when the victim

                   raised hulla, she was saved by a passerby.

                                 4. Learned Senior Counsel for the petitioner submits

                   that petitioner has falsely been implicated in the case. Learned

                   Senior Counsel further submits that he has two criminal
              Patna High Court CR. MISC. No.74823 of 2025(5) dt.06-04-2026
                                                          2/2




                        antecedents and he is in custody since 09.08.2025. The

                        petitioner undertakes to co-operate in the case/ trial.

                                     5. Learned APP for the State as well as learned

                        counsel for the informant have jointly opposed the prayer for

                        regular bail of the petitioner.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner and the provisional

                        bail granted earlier is also vacated.

                                     7. Accordingly, this application stands dismissed.

                                     8. The petitioner is directed to surrender within one

                        weeks from today, failing which the Superintendent of Police,

                        Begusarai will take all steps for arrest of the petitioner.

                                     9. Let a copy of this order be communicated to the

                        Superintendent of Police, Begusarai through FAX or e-mail for

                        its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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