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Patna High Court

Manish Kumar @ Anish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied and the trial was ordered to be expedited within one month.

Summary

Manish Kumar was charged under IPC sections 394 (dacoity), 302 (murder) and Arms Act section 27. He has been in judicial custody since 9 November 2023 and filed a second bail application after the first was rejected. The petitioner argued that all charge‑sheet witnesses had been examined except the investigating officer and that the trial was unlikely to conclude soon, warranting bail. The State opposed, relying on a Supreme Court decision that bail in serious offences should rarely be granted once trial has commenced. The Patna High Court found no new ground for bail, noted that the trial was near conclusion, and therefore rejected the bail petition, directing the lower court to expedite the trial within one month, with a provision to re‑apply if the deadline is missed.

Issues considered

  • Whether bail should be granted in a case involving murder, dacoity and arms offences when the trial is already underway.
  • Whether the delay in producing the investigating officer constitutes a sufficient ground for bail.
  • Whether the Supreme Court precedent in X vs. State of Rajasthan applies to deny bail in this case.

Legislation cited

Subjects

  • bail
  • murder
  • dacoity
  • Arms Act
  • serious offences
  • trial delay
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.8042 of 2026
                      Arising Out of PS. Case No.-551 Year-2023 Thana- ROSERA District- Samastipur
                 ======================================================
                 Manish Kumar @ Anish Kumar Son of Upendra Mahto Resident of Village -
                 Basahi, Police Station - Cheriya Bariyarpur, District - Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prem Kumar, Advocate
                 For the Opposite Party/s :        Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Rosera

                   P.S. Case No. 551 of 2023 instituted for the offences under

                   Sections 394 & 302 of the Indian Penal Code and Section 27 of

                   the Arms Act.

                           3.       This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected on merit by this Court vide order

                   dated 28.10.2024, passed in Cr. Misc. No. 47649 of 2024, taking

                   into account the entire facts and circumstances of the case.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is languishing in judicial custody since 09.11.2023
Patna High Court CR. MISC. No.8042 of 2026(2) dt.03-02-2026
                                            2/3




          without any rhymes or reason, having ten (10) criminal

          antecedents. Learned counsel for the petitioner submits that all

          the charge sheet witnesses have been examined in this case

          except the Investigation Officer, which is pending for a long

          time. Learned counsel, therefore, submits that there is no

          likelihood of the trial being concluded in the near future. It is

          lastly submitted that petitioner has suffered long incarceration,

          hence, he may be enlarged on bail.

                  6.      Learned APP for the State opposes the prayer for

          grant of bail. Learned APP has further relied upon a decision of

          the Hon’ble Apex Court reported in 2024 SCC Online SC 3539

          (X. vs. State of Rajasthan & Anr.), wherein in paragraph No.14,

          Hon’ble Apex Court has observed as under:

                                                              “14.     Ordinarily          in
                                                  serious        offences   like        rape,
                                                  murder, dacoity, etc., once the
                                                  trial       commences      and          the
                                                  prosecution starts examining its
                                                  witnesses, the Court be it the
                                                  Trial Court or the High Court
                                                  should be loath in entertaining
                                                  the     bail    application      of     the
                                                  accused.”
                  7.      There is no new ground to consider the bail petition

          of the petitioner, which is already decided by this Court on
           Patna High Court CR. MISC. No.8042 of 2026(2) dt.03-02-2026
                                                       3/3




                     merit. It is also explicit that the trial is on the verge of its

                     conclusion.

                              8.     In view of the above, the prayer for bail of the

                     petitioner is again rejected with a direction to the court below to

                     expedite the trial and conclude the same expeditiously

                     preferably within a period of one months from the date of

                     receipt/production of a copy of this order. If the trial is not

                     concluded within the period of one months, as stated above, the

                     petitioner will be at liberty to renew his prayer before the court

                     below.

                              9.     The District Magistrate, Samastipur and the

                     Superintendent of Police, Samastipur are also directed to take

                     necessary steps to produce the witness on the date fixed in the

                     Trial Court so that the trial could be concluded within the

                     stipulated period.

                              10. Let this order be communicated to the District

                     Magistrate, Samastipur and the Superintendent of Police,

                     Samastipur.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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