Patna High Court
Mantu Kahar @ Mantu SamirversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The bail application was rejected as the court was not inclined to grant bail at the evidence stage.
Summary
Mantu Kahar was charged under Sections 147, 148, 149, 427, 448, 354, 307 of the Indian Penal Code and Section 27 of the Arms Act. He had earlier obtained an order for regular bail, but the trial court did not release him because the pending cases were not correctly disclosed. The petitioner sought a short adjournment to verify his criminal antecedents, while the State opposed bail and asked for a report on the trial’s present stage. The court found that the trial was at the evidence stage, with several witnesses yet to be examined, and concluded that there was no necessity to grant bail at this point. Consequently, the High Court rejected the bail application.
Issues considered
- Whether regular bail can be granted at the evidence stage for offences under Sections 147, 148, 149, 427, 448, 354, 307 IPC and Section 27 Arms Act
- Whether the failure to correctly disclose pending cases affects the grant of bail
- Whether a copy of the bail application must be produced to the informant
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 354, 427, 448
Subjects
- regular bail
- evidence stage
- serious offences
- IPC
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83119 of 2025
Arising Out of PS. Case No.-809 Year-2023 Thana- ARA NAGAR District- Bhojpur
======================================================
Mantu Kahar @ Mantu Samir S/O Ganesh Prasad Resident of Vill.- Anand
Nagar, P.S- Ara Town,Dist- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
For the Informant : Ms. Akansha Malviya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 219 of 2024 arising out of Ara Town P.S.
Case No. 809 of 2023, lodged on 02.10.2023, under Sections
147, 148, 149, 427, 448, 354 & 307 of the Indian Penal Code,
along with Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that the
petitioner’s bail application was earlier allowed vide order dated
02.04.2024 passed in Cr. Misc. No. 21406 of 2024. However, he
was not released on bail by the Trial Court on the ground that the
disclosure of pending cases had not been correctly mentioned.
4. Counsel further submits that, for verification of the
petitioner’s criminal antecedents, he seeks a short adjournment
in this case.
5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.83119 of 2025(3) dt.25-02-2026
2/2
bail and submits that a report regarding the present stage of the
trial was called for.
6. Learned counsel for the informant vehemently
opposes the prayer for bail. However, she submits that she does
not have a copy of the bail application.
7. It appears to this Court that there is no necessity to
supply a copy of the bail application in this case.
8. This Court, upon perusal of the record, finds that a
report regarding the present stage of the trial was called for.
From the report, it transpires that the case is currently at the
stage of evidence. All processes for dasti summons have been
issued for the production of witnesses. At present, two witnesses
have been examined and cross-examined by the Court, while
three witnesses are yet to be examined.
9. In the present facts and circumstances of this case
and the submissions made above, this Court is not inclined to
grant bail to the petitioner at this stage. Accordingly, the bail
application of the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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