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Patna High Court

Mani Kumar Singh @ Manee Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail petition, granting bail subject to conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioners, Mani Kumar Singh and Dhananjay Kumar Singh, were accused in Mahishi P.S. Case No. 180 of 2025 for offences under Sections 103(1) and 3(5) of the B.N.S.S., 2023, relating to the death of a victim found with head injuries. They applied for bail, claiming innocence and stating that after nine months of investigation no incriminating material had been found against them. The State opposed the bail, but the court noted the absence of any substantive evidence linking the petitioners to the crime. Relying on the lack of material and the petitioners' clean record, the court granted bail, subject to conditions under Section 482(2) of the B.N.S.S., 2023 and a bond of Rs.10,000 with two sureties. The order also stipulated cancellation of bail if any criminal antecedent or false statement regarding prior bail petitions is discovered.

Issues considered

  • Whether bail should be granted in a murder‑related case where investigation has yielded no incriminating material against the accused.
  • Whether the conditions prescribed under Section 482(2) of the B.N.S.S., 2023 are applicable to the bail order.
  • Whether the petitioners' claim of no prior criminal antecedent and no earlier bail petition is credible.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • investigation
  • section 103
  • section 3
  • section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.87990 of 2025

                       Arising Out of PS. Case No.-180 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
           1.     Mani Kumar Singh @ Manee Kumar Singh S/O Late Devendra Singh, R/O
                 Vill.- Mahpura, P.S.- Mahishi, Dist.- Saharsa.
           2.    Dhananjay Kumar Singh S/O Rambali Singh, R/O Vill.- Mahpura, P.S.-
                 Mahishi, Dist.- Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amarnath Jha, Advocate

                 For the State            :        Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

                                                   ORAL ORDER

3   06-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                  2. The petitioners seek bail, apprehending their arrest,

                   in connection with Mahishi P.S. Case No. 180 of 2025 dated

                   03.06.2025, registered for the offences punishable under

                   Sections 103(1) and 3(5) of BNS, 2023.

                                  3. As per allegation, the accused/petitioners took the

                   victim/deceased to participate in a feast being organized in the

                   village, but the victim could not return to his home even by 1:00

                   A.M. in the night. The family members started searching him
Patna High Court CR. MISC. No.87990 of 2025(3) dt.06-04-2026
                                            2/4




          and in the morning, they found the dead body of the deceased in

          local Janki Temple. As per inquest and postmortem report, ante

          mortem injuries was found on the head of the deceased and the

          victim had died due to haemorrhage shock on account of injury

          to his brain caused by hard and blunt substance.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in this

          case. He further submits that except the allegation that the

          deceased was last seen with the petitioners, there is no other

          material against them even in the case diary, even after

          investigation for about 9 months. He further submits that

          petitioners are totally innocent and no way connected with the

          alleged offence. He also submits that the whole case is based

          only on suspicion and no material has been found by the police

          even after nine months of the investigation. He further submits

          that petitioners are ready to cooperate in the investigation and

          attend the Court whenever required.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioners have not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.87990 of 2025(3) dt.06-04-2026
                                            3/4




                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioners for bail.

                       8. Considering the fact that even after investigation

          for about nine months, there is no incriminating material against

          the petitioners, this petition is allowed, directing the

          petitioners, above-named, to be enlarged on bail, in the event of

          their arrest or surrender before the court below within a period

          of eight weeks from the date of receipt / production of a copy of

          this order, on their furnishing bail bonds in the sum of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned concerned Court Below, in

          connection with Mahishi P.S. Case No. 180 of 2025, subject to

          the conditions as laid down under Section 482 (2) of the

          B.N.S.S., 2023 and on the following conditions:

                       (i) In case, it is brought to the notice of the court

          below that the petitioners have any criminal antecedent, learned

          court below shall cancel the bail bonds of the petitioners after

          hearing them and getting satisfied that the petitioners have

          concealed their criminal antecedents despite their knowledge of

          the same.

                       (ii) In case, it is brought to the notice of the court

          below that statement regarding previous bail petition is wrong,
           Patna High Court CR. MISC. No.87990 of 2025(3) dt.06-04-2026
                                                       4/4




                     learned court below shall cancel the bail bonds of the

                     petitioners.



                                                                  (Jitendra Kumar, J.)
ravishankar/-

U      T


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