Patna High Court
Ganaur SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
In the absence of any evidence beyond the confessional statements of co‑accused, the appellant is entitled to bail.
Summary
Ganaur Sah appealed against the denial of bail in a case where he was charged under Sections 140(1), 103(1), 238(a) and 3(5) of the Bihar Narcotic Substances Act and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for allegedly disposing of a deceased's body. The prosecution’s case rested solely on the confessional statements of co‑accused Kiran Devi and Chandan Kumar, with no other material evidence linking the appellant to the offence. The appellant argued that he was neither the owner nor driver of the vehicle involved and had no criminal antecedents, contending that the confessional statements alone were insufficient for continued detention. The State and the complainant opposed bail, relying on the same confessional statements. The High Court, noting the lack of independent evidence and the precedent of bail being granted to co‑accused Kiran Devi in a similar appeal, allowed the bail application, set aside the Special Judge’s order, and directed the appellant to be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted when the only incriminating material is the confessional statements of co‑accused persons.
- Whether the allegations under the Bihar Narcotic Substances Act and the SC/ST Act justify pre‑trial detention in the absence of corroborative evidence.
- Whether the earlier bail order in the co‑accused’s appeal (Cr. Appeal (SJ) No. 3680 of 2025) is determinative for the present appellant’s bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 140(1), 238(a), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- confessional statement
- SC/ST Act
- Bihar Narcotic Substances Act
- pre‑trial detention
- evidentiary insufficiency
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4382 of 2025
Arising Out of PS. Case No.-203 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Ganaur Sah, Son of Late Jaggu Sah, R/O Village- Raghopur Paschmi, P.S.-
Raghopur, Dist-. Vaishali (Bihar)
... ... Appellant/s
Versus
1. The State of Bihar
2. Kalwa Devi, Wife of Late Lal Bahadur Das, Resident of Village- Rampur
Shopan Chand, Ward no. 13, P.S.- Raghopur, District- Vaishali (Bihar)
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Harsh Vardhan, Advocate
For the State : Mr. Sadanand Paswan, Spl. P.P.
For the respondent : Mr. Sanjeev Kr. Sharma, Advocate
Mr. Santosh Kumar, Advocate
Mr. Shubhendu Shekhar, Advocate
Ms. Shalini, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 28-01-2026 Heard learned counsel for the appellant, learned counsel
for the respondent and learned Special Public Prosecutor for the
State.
2. The instant appeal has been filed by the appellant
against the order dated 27.09.2025 passed by learned Exclusive
Special Judge (SC/ST) Act, Vaishali at Hajipur whereby the prayer
for bail of the appellant in connection with Raghopur P.S. Case
No. 203 of 2025 under Sections 140(1) and 3(5) of B.N.S. and
Sections 3(2)(v) of SC/ST Act was rejected and charge-sheet has
been submitted under Sections 140(1),103(1), 238(a) and 3(5) of
the B.N.S. and Section 3(2)(v) of SC/ST Act.
Patna High Court CR. APP (SJ) No.4382 of 2025(5) dt.28-01-2026
2/3
3. The case of the prosecution, in short, is that the
husband of the complainant has gone to Block Office, Fatehpur,
Raghopur for old age pension. As he was not feeling well, he
started resting below a tree. Meanwhile a white colour vehicle
dashed him while it was being parked from back side.
4. It is submitted by learned counsel for the appellant
that appellant is innocent and he has been falsely implicated in this
case. The name of this appellant has surfaced during investigation
in the confessional statement of Kiran Devi and Chandan Kumar.
It has further been submitted that save and except the confessional
statement, there is nothing against the appellant. It has also been
submitted that the appellant is neither the owner nor the driver of
the vehicle. The role which has been attributed against him in the
confessional statement is that he was instrumental in disposing of
the body of the deceased. It has further been submitted that all the
story has cropped up during investigation only in the confessional
statement of aforesaid Kiran and Chandan. It has also been
submitted that appeal of co-accused Kiran Devi in whose
confessional statement name of this appellant surfaced has been
allowed by this Court vide Cr. Appeal (SJ) No. 3680 of 2025 and
the case of this appellant stands of similar footing. The appellant is
having no criminal antecedent and he is languishing in judicial
custody since 27.07.2025.
Patna High Court CR. APP (SJ) No.4382 of 2025(5) dt.28-01-2026
3/3
5. The appeal for bail is vehemently opposed by learned
Spl. P.P. for the State and learned counsel for the respondent.
Learned counsel for the respondent has submitted that in the
confessional statement of Chandan Kumar, it has come that this
appellant was instrumental in disposing of the body of the
deceased but conceded that save and except the confessional
statement, there is nothing against the appellant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to allow this appeal. Accordingly, the appeal is allowed
and the impugned order dated 27.09.2025 passed in connection
with Raghopur P.S. Case No. 203 of 2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Raghopur P.S. Case No. 203 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with
two sureties of the like amount each to the satisfaction of the
learned Court of Exclusive Special Judge (SC/ST) Act, Vaishali at
Hajipur.
(Ashok Kumar Pandey, J)
lata/-
U T
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