Patna High Court
Ramjan AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
Ramjan Ali applied for bail in a murder case (Sections 103(1), 238, 61(2) of the Bharatiya Nyaya Sanhita, 2023) where the dead body of Sartaj Ali was discovered. The prosecution’s case relied mainly on the confession of co‑accused Sahid Ali, who implicated the petitioner, with no eyewitness testimony or other material linking the petitioner to the crime. The petitioner argued that he was not named in the FIR and that the only basis for his accusation was suspicion. The court examined the lack of direct evidence and the seriousness of the offences, and decided to grant bail subject to stringent conditions, including surety, regular court appearances, and non‑interference with evidence or witnesses. The application for bail was therefore allowed.
Issues considered
- Whether bail can be granted to the accused in a murder case under Sections 103(1), 238, 61(2) of the Bharatiya Nyaya Sanhita when the only evidence is a co‑accused's confession and no eyewitnesses.
- Whether the petitioner, already in custody and having another criminal case, is entitled to bail despite the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 61(2)
Subjects
- bail
- murder
- confession
- suspicion
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4085 of 2026
Arising Out of PS. Case No.-349 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Ramjan Ali, Male, aged about 27 yeas, son of Late Ramtullah, resident of
Village- Barauli, P.O. and P.S. - Barauli, Dist. - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
For the Informant : Mr. Aryan Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner; learned
Additional Public Prosecutor for the State and learned counsel
for the informant.
2. The petitioner seeks bail in connection with
Manjhagarh PS Case No.349 of 2025 dated 20.09.2025,
instituted for the offence punishable under Sections 103(1), 238,
61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the brother-in-
law of the informant used to live in the informant's house for
study. On the alleged date of occurrence, at about 7.30 PM in
the night, his brother-in-law, Sartaj Ali, went outside but did not
come back. The informant searched him but did not get any
information regarding him and, accordingly, informed the
Patna High Court CR. MISC. No.4085 of 2026(3) dt.25-02-2026
2/4
police. On 20.09.2025, he got information that in Canal near
Parsuram Bridge, a dead body has been found. When the
informant and co-villagers reached at the spot, the found the
dead body of Sartaj Ali. It is alleged that Sahid Al @ Langda
had given threat to the deceased three months earlier.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. During investigation, co-
accused Sahid Ali was arrested, who confessed the guilt and
involvement of the petitioner in the said crime and thereafter the
petitioner has been made accused in this case. Except the
confessional statement of the petitioner, there is no material to
connect the petitioner with the crime. There is no eye witness to
the occurrence. Only on the basis of suspicion, the petitioner has
been made accused in this case. Lastly, it is submitted that the
petitioner is in custody since 23.09.2025 having one criminal
case against him.
5. Learned APP as well as learned counsel for the
informant has opposed the prayer for bail. Learned counsel for
the informant submits that the petitioner and others have
confessed the guilt and they were found roaming near the house
of the deceased.
6. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.4085 of 2026(3) dt.25-02-2026
3/4
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Chief Judicial Magistrate,
Gopalganj, in Manjhagarh PS Case No.349 of 2025, subject to
the conditions (i) that the petitioner shall co-operate in the trial
and shall be properly represented on each and every date fixed
by the Court and on his absence on two consecutive dates
without sufficient reason, his bail bond shall be cancelled by the
Court below, (ii) that one of the bailors will be his own blood
relation, preferably father, mother, brother, sister and or his
wife, (iii) that the bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is made accused in
any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse, (iv)
that if the petitioner tampers with the evidence or the witnesses,
in that case, the prosecution will be at liberty to move for
cancellation of bail and (v) that the petitioner within two weeks
from the date of his release from custody shall appear before the
SHO of his local area along with a copy of this order and
thereafter shall appear before him every fortnightly to mark his
Patna High Court CR. MISC. No.4085 of 2026(3) dt.25-02-2026
4/4
attendance till the framing of charge in the case by the trial
Court.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
Checking your session…