Patna High Court

Manak Kumar Mahto @ Shiv KumarversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to a cash bond and conditions of surety and regular appearance.

Summary

Manak Kumar Mahto was arrested in connection with a murder case (Sections 302, 201 and 34 IPC) arising from the death of a complainant's son on 08.05.2024. The petitioner contended that he was falsely implicated, that no incriminating material was recovered from his possession, and that the FIR was lodged two days after the incident, rendering the allegations against him vague and omnibus. He also highlighted his clean criminal record and the fact that a co‑accused had already been granted regular bail. The State opposed the bail application. Considering the lack of direct evidence, the delay in filing the FIR, and the petitioner’s custody period, the Court inclined to grant bail, ordering a bond of Rs.15,000 with two sureties and imposing conditions of family surety and regular appearance in court.

Issues considered

Whether bail should be granted to an accused in a murder case where the FIR is delayed and no direct incriminating material is found against the petitioner.
Whether general and omnibus allegations suffice to deny bail under the circumstances.

Legislation cited

Indian Penal Code — s. 201, 302, 34

Subjects

bail
murder
IPC
Criminal Procedure Code
delay in FIR
false implication
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79449 of 2025
                       Arising Out of PS. Case No.-132 Year-2024 Thana- JALALPUR District- Saran
                 ======================================================
                 Manak Kumar Mahto @ Shiv Kumar S/o Dindyal Mahto R/o Village-
                 Sakaddi, P.S- Jalalpur, Dist- Saran at Chapra
                                                                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   26-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Jalalpur P.S. Case No. 132 of 2024, instituted for the offences

                   punishable under Sections 302, 201 and 34 of the Indian Penal

                   Code.

                                3. The prosecution case, in short, is that the informant

                   alleges that his son was murdered and his dead body was thrown

                   into pond on the night of 08.05.2024, following a prior death

                   threat by the co-accused Sanjay Rai.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No

                   incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.79449 of 2025(4) dt.26-02-2026
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          possession of the petitioner. Learned counsel for the petitioner

          also submitted that there is delay of two days in lodging the

          FIR. It is next submitted that no direct or specific allegation has

          been attributed against the petitioner rather the same is general

          and omnibus in nature. The petitioner is in custody since

          10.06.2025 and has got no criminal antecedent. Learned counsel

          for the petitioner further submits that other co-accused has been

          granted regular bail by this Court vide order dated 18.06.2025

          passed in Cr. Misc. No. 12777 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Jalalpur P.S. Case

          No. 132 of 2024, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.
             Patna High Court CR. MISC. No.79449 of 2025(4) dt.26-02-2026
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                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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