Patna High Court
Md. Sanohar @ Sanohar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail and ordered his release on bond.
Summary
The petitioner, Md. Sanohar Kumar, was arrested in connection with the murder of an informant’s son, alleged to have occurred after a party attended by the petitioner and co‑accused. The prosecution’s case relies on a confessional statement by a co‑accused, Shivam Kumar, who says the petitioner was present at the party but does not directly implicate him in the killing. The petitioner contended that the FIR does not name him as an eye‑witness and that his only alleged role was being present, not participating in the homicide, and he has been in judicial custody since 18‑Oct‑2025. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the Court considered the lack of direct incriminating evidence against the petitioner and the circumstances of his custody and granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being alleged to have been present at the scene of a murder.
- Whether the confessional statement of a co‑accused suffices to deny bail to the petitioner.
- Whether the petitioner’s prior criminal antecedent bars the grant of bail.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- murder
- confessional statement
- criminal antecedent
- judicial custody
- Section 103(1) BNS
- Section 3(5) BNS
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17019 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- Mufassil District- Khagaria
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Md. Sanohar @ Sanohar Kumar S/O Goni Sharma Village- Marar
Dakshin(South Marar), P.S.- Morkahi, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Muffasil P.S. Case No.145 of 2025 registered for the offence
punishable under Sections 103(1) & 3(5) of the BNS.
3. The case of the prosecution, in short, is that one
Shivam Kumar has taken son of the informant on bike for
wandering. When he did not returned till night, the informant
asked Shivam Kumar who did not disclose any sufficient answer.
On 16.10.2025, the dead body of informant’s son was seen in
fields. The informant suspects that the petitioner along with others
have killed the son of the informant.
4. Learned counsel appearing on behalf of the petitioner
has submitted that from perusal of the FIR it is clear that the
informant is not the eye-witness. During course of investigation,
Shivam Kumar has given his confessional statement. In
confessional statement he has stated that the petitioner was also
Patna High Court CR. MISC. No.17019 of 2026(3) dt.21-04-2026
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there when they were having party. After that Shivam, Vishal and
Shivmani have killed he deceased. Learned counsel for the
petitioner has further submitted that even from the confessional
statement given before police only role attributed to the petitioner
is that he was present with the co-accused persons while making
party. Learned counsel for the petitioner has further submitted that
the petitioner is languishing in judicial custody since 18.10.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has submitted that the petitioner is
having criminal antecedent of one case.
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 enlarged on bail 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 court of learned
Judicial Magistrate, 1st Class, Khagaria in connection with
Muffasil P.S. Case No.145 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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