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Patna High Court

Ganaur SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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