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Patna High Court

Sadhu @ Pradeep Paswan @ Manjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail, holding that the confessional statement of the co‑accused is inadmissible and the lack of eyewitness evidence and clean record warrant release on bail.

Summary

The petitioners, Sadhu @ Pradeep Paswan @ Manjeet Kumar and Murad Alam, were arrested in connection with a murder case (Balthar P.S. Case No. 82 of 2025) under Sections 103(1) and 61(2) of the B.N.S. They sought regular bail, arguing that there was no eyewitness to the alleged killing and that their names were derived solely from a confessional statement of co‑accused Rohit Kumar, which is inadmissible under Section 23 of the B.S.A. The petitioners also highlighted their clean criminal record and the fact that the offence is non‑compoundable. The State opposed the bail application. The Court, after considering the lack of direct evidence and the inadmissibility of the confessional statement, ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, and allowed the application.

Issues considered

  • Whether regular bail can be granted to the accused in a murder case where the primary evidence against them is a confessional statement of a co‑accused.
  • Whether the confessional statement of the co‑accused is admissible under Section 23 of the B.S.A.
  • Whether the absence of eyewitness testimony and the petitioners' clean record justify bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • confessional statement
  • Section 23
  • inadmissible evidence
  • non‑compoundable offence
  • clean criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4018 of 2026
                   Arising Out of PS. Case No.-82 Year-2025 Thana- BALTHAR District- West Champaran
                 ======================================================
           1.     Sadhu @ Pradeep Paswan @ Manjeet Kumar son of Ramji Paswan Resident
                  of Village- Purushottampur, Ward No.12, Gauripur, Police Station
                  -Purushottampur, District -West Champaran
           2.    Murad Alam Son of Late Bismillah Miyan Resident of Village-
                 Purushottampur, Ward No.12, Gauripur, Police Station -Purushottampur,
                 District -West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pratik, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   06-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Balthar P.S. Case No. 82

                   of 2025 dated 12.07.2025 registered for the offences punishable

                   under Sections 103(1) and 61(2) of B.N.S.

                                3. As per the prosecution case, the informant alleged

                   that her younger son was a driver of Shivdani bus. When his bus

                   caught malfunctioned, he went to his matrimonial home to meet

                   his wife. It is alleged that on 06.07.2025 at about 07:00 P.M.,

                   her son received a telephonic call and thereafter he left the

                   house telling his wife that he is going to Purushottampur and
Patna High Court CR. MISC. No.4018 of 2026(3) dt.06-04-2026
                                            2/3




          would return by 9 O’clock, but he did not return. When his wife

          called him, firstly the phone came busy and thereafter the phone

          became switched off. It is further alleged that on 07.07.2025 in

          the morning at around 7 O’clock, a call was received that a dead

          body of her son was lying near Bhawra Dhala. Thereafter, the

          informant and her family members went to that place and saw

          the dead body. Thereafter, the dead body was taken to post-

          mortem, by seeing the dead body it appeared that her son has

          been inflicted with several knife blows on face, neck and his

          forelimbs were also fractured.

                       4. Learned counsel for the petitioners has submitted

          that there is no eye-witness to the alleged occurrence of murder

          and there are no circumstances to connect the petitioners in the

          alleged occurrence. It has been further submitted that the name

          of the petitioners have transpired on the basis of confessional

          statement of co-accused Rohit Kumar before police while in

          police custody and the same is not admissible under Section 23

          B.S.A. Moreover, the petitioners are in custody since

          02.10.2025 having no criminal antecedent. It has further been

          submitted that the charge-sheet has been filed and there is no

          allegation of tampering, although a compromise petition was

          filed in the court below upon wrong advice and the offence is
           Patna High Court CR. MISC. No.4018 of 2026(3) dt.06-04-2026
                                                       3/3




                     not compoundable in nature. Moreover, the compromise petition

                     was not filed at the initial stage of investigation.

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

                     opposed the bail petition of the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and nature of materials collected during the course of

                     investigation against the petitioners, the petitioners above-

                     named, are directed to be enlarged on bail on furnishing bail-

                     bond of Rs.10,000/- (Rupees Ten Thousand) each with two

                     sureties of the like amount each to the satisfaction of learned

                     Court concerned, West Champaran, Bettiah, in connection with

                     Balthar P.S. Case No. 82 of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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