Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail must be granted to the petitioners, directing their release on bond and sureties.
Summary
The petitioners—Manish Kumar, Vikash Kumar and Sandeep Kumar—sought bail in a criminal case (Sessions Trial No. 88 of 2024) arising from FIR No. 21 of 2023, which alleged offences under IPC sections 147, 148, 341, 323, 307 and Arms Act section 27. They were summoned under Section 319 of the Cr.P.C. and argued that the allegations of physical assault were vague and omnibus, noting that the police had already filed a closure report which the jurisdictional magistrate had accepted. The State opposed the bail application. The High Court, after considering the general nature of the allegations and the existence of the closure report, directed that the petitioners be released on bail with a bond of Rs 10,000 each and two sureties, subject to the conditions of Section 482(2) of the BNSS. The order effectively granted bail to the petitioners pending trial.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under IPC and the Arms Act.
- Whether the general and omnibus nature of the allegations and the existence of a police closure report justify bail.
- Whether the petitioners are entitled to bail under Section 482(2) of the BNSS.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 319
- Indian Penal Code — s. 147, 148, 307, 323, 341
Subjects
- bail
- Criminal Procedure Code
- Section 319 CrPC
- Section 482(2) BNSS
- general allegation
- closure report
- IPC offences
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9580 of 2026
Arising Out of PS. Case No.-21 Year-2023 Thana- BIHIA District- Bhojpur
======================================================
1. Manish Kumar S/O Bhim Singh R/O Vill.- Mahuaon, Tulshi Dera, P.S-
Bihiya, Distt.- Bhojpur at Ara.
2. Vikash Kumar S/O Bhim Singh R/O Vill.- Mahuaon, Tulshi Dera, P.S-
Bihiya, Distt.- Bhojpur at Ara.
3. Sandeep Kumar @ Sandeep Kumar Singh @ Dipa Singh, S/O Lallan Singh
R/O Vill.- Mahuaon, Tulshi Dera, P.S-Bihiya, Distt.- Bhojpur at Ara.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Singh, Advocate
Mr. Shankar Kumar, Advocate
Mr. Nandlal Singh, Advocate
Mr. Radha Krishna, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioners apprehending their arrest in
connection with Sessions Trial No. 88 of 2024 arising out of Bihiya
P.S. Case No. 21 of 2023 registered for the offences punishable
under Sections 147, 148, 341, 323, 307 of the Indian Penal Code
and Section 27 of Arms Act.
3. Petitioners were summoned with present case as in
terms of Section 319 of the Cr.P.C.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.9580 of 2026(2) dt.13-02-2026
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behalf of the petitioners that the allegation qua physical assault is
appearing very much general and omnibus against these
petitioners as raised through FIR and considering the overall
aspects of the accusation after investigation, police submitted
closure report qua petitioners, which was also accepted by the
learned Jurisdictional Magistrate. It is submitted that during trial
three witnesses were examined till now, who almost repeated and
they almost supported the case of prosecution on the same line as
naming petitioners, as it was alleged through FIR and considering
the same, the petitioners were summoned under Section 319 of
Cr.P.C., having apprehension that he might be sent to jail upon
surrender.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the petitioners are facing general and
omnibus allegation qua physical assault as alleged, for which after
investigation, police submitted closure report against them,
accordingly, all above named petitioners, in the event of their
arrest or surrender before the learned trial Court, within a period
of four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.9580 of 2026(2) dt.13-02-2026
3/3
learned Additional Sessions Judge-IV, Bhojpur at Ara/concerned
Court, where the case is pending in connection with Sessions Trial
No. 88 of 2024 arising out of Bihiya P.S. Case No. 21 of 2023
subject to the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
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