Patna High Court
Manoj SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Manoj Sahani was arrested in connection with a case (PS Kanti Case No. 319 of 2025) alleging that he and his wife threatened the father of an informant, who was later found dead by hanging. The prosecution relied on the allegation of threat, while the defence highlighted the absence of any eyewitness and presented a post‑mortem report indicating death by suicide with a single ligature mark. The only statement from a witness, the deceased’s son, merely described the discovery of the body and did not implicate the petitioner. The petitioner had been in judicial custody since 25‑Oct‑2025 and sought regular bail under sections 103 and 34 of the BNS. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under sections 103/34 of the BNS given the circumstances of the alleged threat and the death of the informant’s father.
Legislation cited
- Bihar Negotiable Instruments Act — s. 103, 34
Subjects
- regular bail
- criminal procedure
- threat
- suicide
- evidence
- sections 103
- section 34
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14052 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- KANTI District- Muzaffarpur
======================================================
Manoj Sahani S/o Gonaur Sahani Resident of Village- Narayan Bheriyahi @
Chhapra Manorath, P.S.- Kanti, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
For the Informant : Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 20-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103/34 of
BNS.
3. The case of the prosecution is that the petitioner
and his wife have threatened the father of the informant of dire
consequences. On 20.6.2025, at 10:30 AM, the informant came
to know that his father has been killed by someone after
hanging.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that in this case, there is
Patna High Court CR. MISC. No.14052 of 2026(4) dt.20-04-2026
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no eye witness to the occurrence. During course of
investigation, in para- 8 of the diary, one witness Chhotu who is
the son of the deceased has stated that prior to two days of the
date of occurrence, he has gone to participate in some marriage
ceremony when they were at the place of their relatives, he was
informed by the villagers that the body of the deceased is
hanging in the hutment. When they arrived, they found that the
deceased was lying on a bed and the rope was tied on the neck.
Learned counsel has submitted that save and except the
allegation of threatening, there is nothing against the petitioner.
From perusal of the postmortem report also, it transpires that the
doctor conducting autopsy of the deceased has found only one
ligature mark measuring 14 inch x ¼ inch over the nape of neck
going upwards and forwards up to upper part of front of neck.
The cause of death has been opined to be due to aspyxia as a
result of hanging. Learned counsel has submitted that actually,
the deceased has committed suicide. Had there been throttling or
hanging by the petitioner, there must have been some resistance
and some injury mark must be there. Moreover, the petitioner is
languishing in judicial custody since 25.10.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
Patna High Court CR. MISC. No.14052 of 2026(4) dt.20-04-2026
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of regular bail. Learned counsel for the informant has submitted
that in supervision, the police has found the case true.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Kanti P.S. Case No. 319 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned ACJM-I (West), Muzaffarpur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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