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Patna High Court

Manoj SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail and the bail application is allowed.

Summary

The petitioner, Manoj Sah, applied for regular bail in a case registered under Sections 103(1), 61(2) and 3(5) of the B.N.S. concerning the murder of an informant’s second husband. The FIR named the petitioner, but the prosecution’s case rests solely on confessional statements of co‑accused Kundan Kumar and Naval Sah, with no direct evidence placing the petitioner at the scene. The petitioner argued that the confessional statements were the only material against him, he has a clean antecedent, and has been in custody since 10‑10‑2025. The State opposed the bail, contending the seriousness of the offence. The Court, considering the lack of substantive material, the petitioner’s clean record and the period of custody, ordered that bail be granted on a bond of Rs.10,000 with two sureties. The application for bail was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the FIR naming him and reliance on co‑accused confessional statements.
  • Whether the absence of direct evidence and the petitioner’s clean antecedent justify bail.

Legislation cited

  • B.N.S. — s. 103(1), 3(5), 61(2)

Subjects

  • regular bail
  • confessional statements
  • B.N.S.
  • Sections 103, 61, 3
  • High Court of Patna
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18871 of 2026
                 Arising Out of PS. Case No.-212 Year-2025 Thana- SHIKARGANJ District- East Champaran
                 ======================================================
                 Manoj Sah Son of Sambhu Sah @ Shambhu Sah Resident of Village-
                 Kohbarwa, P.S.- Shikarganj, District- East Champaran at Motihari

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Shikarganj P.S. Case No.

                   212 of 2025 dated 29.08.2025 registered for the offences

                   punishable under Sections 103(1), 61(2) and 3(5) of B.N.S.

                                3. As per the allegation, the second husband of the

                   informant was shot dead when the informant was sleeping in her

                   house and two persons having mask their faces are alleged to be

                   the assailants.

                                4. Learned counsel for the petitioner submits that

                   petitioner is named in the FIR but not alleged to be present at

                   the place of occurrence. It is further submitted that the name of

                   the petitioner transpired on the basis of confessional statements
           Patna High Court CR. MISC. No.18871 of 2026(2) dt.25-03-2026
                                                       2/2




                     of co-accused, Kundan Kumar and Naval Sah before police

                     while in police custody and except the aforesaid confessional

                     statement, there is no material against the petitioner. Moreover,

                     it has been submitted that confessing co-accused, Nawal Sah has

                     been granted the privilege of bail by Co-ordinate Bench of this

                     Court by order dated 20.02.2026 passed in Cr. Misc. No. 90473

                     of 2025. It is further submitted that petitioner claims clean

                     antecedent and he is in custody since 10.10.2025.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail of the petitioner.

                                  6. Considering the facts and circumstances of the case

                     as well as the period of custody, the petitioner above-named, is

                     directed to be enlarged on bail on furnishing bail-bond of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of learned Court concerned, East

                     Champaran at Motihari in connection with Shikarganj P.S. Case

                     No. 212 of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-
U      T


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