Patna High Court
Mani Kumar Singh @ Manee Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- B.N.S.S., 2023 — s. 103(1), 3(5), 482(2)
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
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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.
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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,
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learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
ravishankar/-
U T
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