Patna High Court

Mantu KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner.

Summary

Mantu Kumar applied for regular bail under section 310(2) of the Bhartiya Nyaya Sanhita, 2023, in a case where five to six unknown persons allegedly looted ornaments worth about Rs. 2 lakh from an informant’s house. The prosecution’s case is based on a co‑accused’s statement that falsely implicated the petitioner; no incriminating article was recovered from him and he was not subjected to a TI‑parade despite being in custody since 31‑July‑2025. The trial court report indicated that the case is still gathering prosecution evidence and bailable warrants have been issued for witnesses. Considering the lack of material evidence against the petitioner and the prolonged pre‑trial detention, the High Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be satisfied before the Additional Chief Judicial Magistrate‑I, Patna.

Issues considered

Whether regular bail should be granted to the petitioner under section 310(2) of the Bhartiya Nyaya Sanhita given the absence of incriminating material and the prolonged pre‑trial custody.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 310(2)

Subjects

regular bail
section 310(2)
Bhartiya Nyaya Sanhita
false implication
prolonged pre‑trial detention
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.755 of 2026
                          Arising Out of PS. Case No.-720 Year-2024 Thana- BEUR District- Patna
                 ======================================================
                 Mantu Kumar S/o Umesh Yadav R/o Village - Bhawani Bigha, P.S -
                 Chiksaura, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Birendra Kumar, Advocate
                                                   Mr. Kumud Kishore, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   01-04-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Beur P.S. Case no.720 of

                   2024 registered under sections 310(2) of the Bhartiya Nyaya

                   Sanhita, 2023.

                                 3. As per the prosecution case, 5-6 unknown accused

                   persons looted various ornaments etc from the house of the

                   informant, the total worth of the articles looted being about Rs.

                   2 lacs.

                                 4. Learned counsel for the petitioner submits that the

                   FIR was registered against unknown. The petitioner has been

                   falsely implicated in the case in course of investigation in the

                   statement of co-accused Vikash Kumar made before police. No
Patna High Court CR. MISC. No.755 of 2026(4) dt.01-04-2026
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          incriminating article has been recovered from the petitioner’s

          possession nor has the petitioner been put on T.I parade inspite

          of being in custody since 31.7.2025. Chargesheet has been

          submitted in the case.

                       5. The application for bail is opposed by learned A.P.P

          for the State.

                       6. A report was called for from the learned trial Court.

          As per the report received contained in letter dated 12.3.2026 of

          the District & Additional Sessions Judge-IV, Patna, the case is

          running for prosecution evidence and after issuance of summons

          now bailable warrants have been issued on 11.2.2026 to procure

          the attendance of the prosecution witnesses.

                       7. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation, no incriminating

          article having been recovered from the petitioner’s possession

          and chargesheet having been submitted in the case without

          putting the petitioner on T.I parade inspite of his being in

          custody for 8 months since 31.7.2025, the petitioner is directed

          to be enlarged on bail in connection with Beur P.S. Case no.720

          of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.755 of 2026(4) dt.01-04-2026
                                                         3/3




                       satisfaction of the learned Additional Chief Judicial Magistrate-

                       I, Patna.



                                                   (Partha Sarthy, J)
Shiv/-

U        T

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