Patna High Court
Manshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Manshu Kumar applied for regular bail in a case registered under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging murder of the informant's son. The prosecution's case is based on a confessional statement of co‑accused Reeta Sinha, who has already been granted bail, and the only link to the petitioner is that he made phone calls to Reeta before and after the alleged offence. The petitioner contended that he is not named in the FIR, has no other incriminating evidence against him, and possesses a clean antecedent, having been in custody since 11‑07‑2025. The State and the informant opposed the bail. Considering the lack of substantive material, the petitioner’s clean record, and the nature of the accusation, the Court allowed the bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the only evidence being phone calls and a confessional statement of a co‑accused.
- Whether the material on record is sufficient to justify denial of bail under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- murder
- property dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87878 of 2025
Arising Out of PS. Case No.-224 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Manshu Kumar Son of Uday Prasad Singh @ Uday Prasad Residence of vill.-
Shikarpur, P.S.- Shahpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, A.P.P.
For the Informant : Ms. Shivalika Sinha, 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
Khagaul P. S. Case No. 224 of 2025 registered for the offences
punishable under Sections 103(1), 61(2), 3(5) of the Bharatiya
Nyaya Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, co-accused Reeta Sinha
had illicit relation with the son of informant and he suspects that
co-accused Reeta Sinha in connivance with other accused
persons committed murder of his son with a view to grab his
property.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired on the basis
Patna High Court CR. MISC. No.87878 of 2025(3) dt.11-03-2026
2/2
of confessional statement of co-accused Reeta Sinha who has
already been granted regular bail by this Court vide order dated
12.02.2026 passed in Cr. Misc. No. 90031 of 2025. The only
material that has come against this petitioner is that he made
phone calls prior to and after the commission of offence to co-
accused Reeta Sinha and there is no other evidence on record to
show complicity of this petitioner in the alleged offence.
Petitioner claims clean antecedent and is in custody since
11.07.2025.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, materials
available on record, clean antecedent and period of custody, this
bail application is allowed. The petitioner, above named, is
directed to be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM-V, Danapur in
connection with Khagaul P. S. Case No. 224 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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