Patna High Court
Manish Kumar @ Mantun Yadav @ Mantu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Manish Kumar and Rudal Yadav, were arrested in Bihra Police Station Case No. 207/2023 for offences under IPC sections 364, 302, 120B and 201. Their earlier applications for regular bail were rejected by the Patna High Court in July and September 2024. They filed fresh bail petitions, arguing that they had been in custody since 13 November 2023, that most prosecution witnesses had turned hostile, and that the informant did not oppose bail. The State opposed the bail, while the informant’s counsel accepted the examination of all material witnesses. Considering the long period of detention, the hostile witnesses, and the lack of opposition from the informant, the Court granted regular bail to both petitioners on a bond of Rs.20,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused despite the seriousness of the offences (IPC 364, 302, 120B, 201).
- Whether the long period of pre‑trial custody and the hostile stance of prosecution witnesses justify bail.
- Whether the informant’s non‑opposition influences the bail decision.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 364
Subjects
- regular bail
- pre‑trial detention
- hostile witnesses
- IPC offences
- criminal conspiracy
- murder
- kidnapping
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88489 of 2025
Arising Out of PS. Case No.-207 Year-2023 Thana- BIHRA District- Saharsa
======================================================
Manish Kumar @ Mantun Yadav @ Mantu Yadav, S/O Sri Shalendra Yadav
@ Shailendra Kumar, Resident of Village- Chitti, P.S- Madhepura, District-
Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89380 of 2025
Arising Out of PS. Case No.-207 Year-2023 Thana- BIHRA District- Saharsa
======================================================
Rudal Yadav @ Shailendra Kumar @ Shailendra Yadav S/o- Late Upendra
Yadav R/v- Bishanpur W.No-8, PS- Bihra Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88489 of 2025)
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the State : Mr. Kumar Ranjit Ranjan, APP
For the Informant : Mr. Arun Kumar Sinha, Adv.
(In CRIMINAL MISCELLANEOUS No. 89380 of 2025)
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 30-01-2026 As both the criminal miscellaneous petitions have
arisen out of same P.S. case, hence they are being decided
together by a common order.
2. Heard the parties.
3. Petitioners seek regular bail in connection with
Bihra P.S. Case No. 207/2023 dated 12.11.2023 registered for the
Patna High Court CR. MISC. No.88489 of 2025(3) dt.30-01-2026
2/3
offences punishable under sections 364, 302, 120B and 201 of
the Indian Penal Code.
4. The main submissions advanced by petitioners’
counsel are that this is the second attempt of the petitioners to get
the relief of bail and their earlier prayer for the same relief was
rejected by this Court vide orders dated 26.07.2024 and
13.09.2024 passed in Cr. Misc. Nos. 32857/2024 and 44038/2024
respectively and the fresh grounds entitling the petitioners to get
the relief of bail are their long custody period and the
examination of all material prosecution witnesses. It is further
submitted that among the examined prosecution witnesses, all
witnesses except the informant went hostile, and the copies of the
depositions of some of the witnesses have been filed with the
petitions. It is further submitted that both the petitioners have
been languishing in jail since 13.11.2023, having fair and clean
antecedent and the release of the petitioners on bail at this stage
will not prejudice the prosecution in any manner.
5. Learned counsel appearing for the informant accepts
the examination of all material witnesses of the prosecution and
he is not opposing the prayer of the petitioners.
6. Considering the aforesaid submissions and mainly
taking into account the examination of all material witnesses of
Patna High Court CR. MISC. No.88489 of 2025(3) dt.30-01-2026
3/3
the prosecution as well as the petitioners’ custody period, this
Court is now inclined to release the petitioners on bail.
Accordingly, let the petitioners named-above be released on bail
on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty
Thousand) each with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Bihra P.S.
Case No. 207/2023.
(Shailendra Singh, J)
annu/-
U T
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