Created by Fuzzy Cloud

Patna High Court

Manjeet Kumar Saha @ Manjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.