Patna High Court
Manjeet Kumar Saha @ Manjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The bail application was denied.
Summary
Manjeet Kumar Saha applied for regular bail in a case involving murder and arms offences under the Bharatiya Nyaya Sanhita and the Arms Act. The FIR, filed after the death of the informant's son, initially named no accused, and the petitioner’s name emerged later during investigation. The petitioner argued lack of eyewitnesses, no recovery of weapons, and a clean antecedent, while the State contended that CCTV footage showed the deceased on the petitioner’s motorcycle and that a car used in the crime belonged to him. The court, considering the seriousness of the charges and the material evidence, rejected the bail application. It also directed the trial court to expedite the trial and conclude it within one year of receiving the order.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences and the evidentiary material such as CCTV footage and vehicle ownership.
- Whether the fact that the petitioner was not named in the FIR at the outset affects his right to bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- murder
- Arms Act
- CCTV evidence
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86244 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- FULKAHA District- Araria
======================================================
Manjeet Kumar Saha @ Manjeet Kumar S/O Arun Kumar Saha R/O Vill.
Fulkaha Ward no. 5, P.S.- Fulkaha, Dist.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P.
For the Informant : Mr. Aatish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with S.T.
Case No. 842 of 2025 arising out of Fulkaha P. S. Case No. 58
of 2025 registered for the offences punishable under Sections
103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, Section 27
of the Arms Act to which Sections 25(1-B)a, 26, 35 of Arms Act
were added later on.
3. As per F.I.R., on 29.04.2025 son of the informant
went for a walk in the market but did not return. On the next
morning, his dead body was found lying on the roadside. F.I.R.
is registered against the unknown.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86244 of 2025(3) dt.11-03-2026
2/2
petitioner is not named in the F.I.R. and his name transpired
during investigation. There is no eye witness to the occurrence
and no arms and ammunition has been recovered from
possession of this petitioner. Petitioner claims clean antecedent
and is in custody since 02.05.2025.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application and submitted that the deceased was seen riding on
the motorcycle of this petitioner in CCTV footage and the car
used in the alleged offence belongs to this petitioner.
6. Considering the nature of accusation and materials
available on record, prayer for bail of the petitioner is rejected.
7. However, since petitioner is in custody since
02.05.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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