Patna High Court
Manibhushan Yadav @ Manibhushan KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused to grant bail to the petitioner.
Summary
The petitioner, Manibhushan Yadav, sought bail in a murder case (IPC sections 302 and 201) for which he has been in custody since 10 October 2025. He argued that he has a clean antecedent, was falsely implicated, and that the FIR was lodged two days after the alleged incident, indicating a delay. The prosecution, supported by the informant, opposed bail, citing a video recording that purportedly shows the petitioner assaulting the deceased. The court examined the material evidence and the seriousness of the offences. Concluding that the circumstances did not warrant release, the court refused the bail application.
Issues considered
- Whether bail should be granted to an accused of murder under IPC sections 302 and 201 in view of the video evidence and the delay in filing the FIR.
Legislation cited
- Indian Penal Code — s. 201, 302
Subjects
- bail
- murder
- IPC 302
- IPC 201
- video evidence
- FIR delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8834 of 2026
Arising Out of PS. Case No.-510 Year-2021 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Manibhushan Yadav @ Manibhushan Kumar S/O Harinarayan Ray R/O Vill.-
Kataha, P.s - Muffasil, District- East Champaran,Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
For the Informant : Mr. Nilanjan Chatterjee, Advocate
: Mr. Ujjwal Raj, Advocate
: Mr. Sahil Kumar, Advocate
: Mr. Anirvan Choudhuri, Advocate
: Mr. Jyoti Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Mr. Rajesh Kumar, learned counsel for the
petitioner, Ms. Rina Sinha, learned A.P.P. for the State Mr.
Nilanjan Chatterjee, learned counsel for the Informant.
2. The petitioner seeks bail, who is in custody since
10.10.2025 in connection with Muffasil P.S. Case No. 510 of
2021, FIR dated 18.09.2021 registered for the offence under
Section 302, 201 of Indian Penal Code.
3. According to the prosecution case, it is alleged that
petitioner along with other co-accused persons committed
murder of the informant’s brother.
Patna High Court CR. MISC. No.8834 of 2026(3) dt.03-04-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been implicated in this case. It appears from the FIR that
informant received oral information from someone that
petitioner along with other have committed the murder of the
informant’s brother. He next submits that apart from the
aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence and it appears from the FIR that date of
the occurrence was on 16.09.2021 but the FIR was lodge on
18.09.2021 i.e. after delay of about two days and the petitioner
is rotting in judicial custody since 10.10.2025.
5. Learned counsel for the Informant as well as
learned A.P.P. for the State, on the other hand, have vehemently
opposed the prayer for bail of the petitioner and submits that it
has come during investigation, which is recorded in paragraph-
23 of the case diary that one video was prepared of the
occurrence and in the said video the petitioner along with other
accused persons are seen assaulting the deceased and thereafter
the body of the deceased was found.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
Patna High Court CR. MISC. No.8834 of 2026(3) dt.03-04-2026
3/3
connection with Muffasil P.S. Case No. 510 of 2021 pending in
the Court of C.J.M., Motihari, East Champaran.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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