Patna High Court
Manu MusharversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail cannot be granted in view of the seriousness of the gang rape allegations and the victim’s supportive statement to the prosecution.
Summary
The petitioner, Manu Mushar, applied for regular bail in a case registered under Sections 126(2), 115(2) and 70(1) of the Bharatiya Nyaya Sanhita, 2023, alleging his involvement in a gang rape. He has been in custody since 27 June 2025. The victim’s statement corroborated the prosecution’s case, making the allegations serious and grave. The High Court examined whether bail could be granted given the nature of the offence and the strength of the prosecution evidence. Considering the seriousness of the crime and the victim’s support for the prosecution, the Court was not inclined to grant bail. Consequently, the application for regular bail was rejected. The Court clarified that its observations were prima facie and limited to the bail application, without prejudice to the trial.
Issues considered
- Whether regular bail can be granted to an accused in a gang rape case under Sections 126(2), 115(2) and 70(1) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the seriousness of the offence and the victim’s corroborative statement justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 70(1)
Subjects
- bail
- gang rape
- serious offence
- Bharatiya Nyaya Sanhita
- regular bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80053 of 2025
Arising Out of PS. Case No.-305 Year-2024 Thana- BIHIA District- Bhojpur
======================================================
Manu Mushar Son of Sumaru Mushar Resident of Village - Judge Bazar
Mushar Toli, Ward No. 11, P.S.- Bihiya, District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kalawati Devi W/O Satyendra Mushar Village- Dhus Mushartoli Judge
Baxar Bihiya Ward no- 11, Bhojpur, Ara
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar Singh
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 06-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bihiya P.S. Case No. 305 of 2024 registered for the offence
under Sections 126(2), 115(2) and 70(1) of the Bharatiya Nyaya
Sanhita, 2023.
3. The petitioner along with others is alleged to have
committed gang rape upon the victim. He is in custody since
27.06.2025.
4. The allegations against the petitioner are serious
and grave in nature. It appears from the impugned order that the
victim, in her statement, has supported the prosecution case.
Patna High Court CR. MISC. No.80053 of 2025(5) dt.06-04-2026
2/2
5. Considering the nature of the accusation and the
seriousness of the offence, this Court is not inclined to grant
regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. 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)
Shishir/-
U T
Checking your session…