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Patna High Court

Manish Kumar @ Manish SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petition for regular bail is denied.

Summary

Manish Kumar was charged with murder under Sections 103(1) and 3(5) of the B.N.S, 2023 and with possession of an illegal weapon under Section 27 of the Arms Act. The prosecution alleged that the petitioner’s younger brother was shot dead by unknown assailants and that weapons used in the crime were recovered from the petitioner, indicating his involvement. The case diary entries (para 45 and 50) recorded the recovery of the weapon and police findings that the case against the petitioner was substantiated. The petitioner applied for regular bail, but the High Court, after considering the material evidence and the seriousness of the offences, rejected the bail application. The Court directed the trial court to expedite the trial and conclude it within one year from receipt of the order.

Issues considered

  • Whether the petitioner is entitled to regular bail in view of the recovered weapon and police findings.
  • Whether the evidence on record justifies denial of bail under the applicable provisions.

Legislation cited

Subjects

  • bail
  • regular bail
  • murder
  • Arms Act
  • section 27
  • investigation
  • case diary
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82459 of 2025
                        Arising Out of PS. Case No.-91 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Manish Kumar @ Manish Singh Son of Rammurti Singh @ Rammurthi Singh
                 R/o Village - Pansalla(Pansala), Ward No. 16, Bhairwar, P.S. - Lakho, District
                 - Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sandip Kumar Gautam , Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   13-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1), 3(5) of the B.N.S,

                   2023 and section 27 of the Arms Act.

                                3. Prosecution case, in brief, is that the informant

                   came to know from the villager that his younger brother was

                   shot dead by some unknown persons at night which led to

                   lodging of the present FIR.

                                4. On perusal of paragraph 45 of case diary, it appears

                   that on the disclosure made by this petitioner, weapons which

                   was used in crime was recovered, which itself shows the

                   involvement of this petitioner in the alleged occurrence. Further,
            Patna High Court CR. MISC. No.82459 of 2025(5) dt.13-05-2026
                                                        2/2




                      as per paragraph 50 of case diary, during supervision report,

                      Police found the case true against this petitioner.

                                   5.   Considering        the    materials   collected   during

                      investigation and other circumstances of case, prayer for regular

                      bail of this petitioner is rejected. However, since petitioner is in

                      custody since 16.06.2025 , learned Trial Court is directed to

                      expedite and conclude the trial, within the period of one year

                      from the date of receipt/production of copy of this order



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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