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Patna High Court

Manoj SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                        3/3




                      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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