Patna High Court
Manoj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 74, 76, 78
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
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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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