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Patna High Court

Md. Sanohar @ Sanohar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                 ======================================================
                 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
                                                        2/2




                      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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