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Patna High Court

Ram Kumar @ RamuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of direct evidence linking the petitioner to the offence and given the prolonged pre‑trial detention, the court held that regular bail must be granted.

Summary

The petitioner applied for regular bail in a case registered under Sections 191(2), 191(3), 190, 103 of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act for the alleged murder of an informant's husband. The prosecution alleged that eight persons on motorcycles shot the victim, but the petitioner’s name does not appear in the FIR; it emerged only from the confessional statements of co‑accused. No eye‑witness identified the petitioner and no other material linked him to the crime, while a co‑accused in the same case had already been granted bail by a coordinate bench. The petitioner had been in custody since 30‑Nov‑2025 and a chargesheet had been filed. The court, noting the lack of direct evidence, the prolonged pre‑trial detention, and the precedent of bail to a co‑accused, allowed the bail application. The petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail can be granted when the accused is not named in the FIR and is implicated only through confessional statements of co‑accused.
  • Whether the absence of eye‑witness testimony and other material evidence justifies bail.
  • Whether the period of pre‑trial custody warrants the grant of bail under the cited provisions.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • FIR
  • pre‑trial detention
  • arms act
  • murder
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4420 of 2026
                 Arising Out of PS. Case No.-235 Year-2024 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Ram Narayan Mahto @ Narayan Mahto @ Narayan Jee Son of Late Ram
                 Lakhan Mahto @ Late Lakhan Mahto Resident (permanent) of village - Sahit,
                 P.S.- Vidyapatinagar, District - Samastipur Presently residing at village -
                 Mokhtiyarpur Salkhanni, Police Station - Dalsingsarai, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mahendra Pratap, Advocate
                 For the Opposite Party/s :      Mr.Bharat Lal, A.P.P.
                                                 Mr. Ganesh Prasad Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the parties.

                                2. Petitioner seeks regular bail in a case registered for

                   the offences punishable under Sections 191 ( 2 ), 191 (3) , 190,

                   and 103 of the Bhartiya Nyaya Sanhita and 27 of Arms Act.

                                3. As per prosecution case, informant alleges that on

                   22.07.2024 while her husband had gone to Civil Court,

                   Dalsingsarai for some work and as he reached near Dainy

                   Chowk, in the meantime, 8 persons came there on three

                   different motorcycles and surrounded the husband of informant.

                   It is further alleged that all the accused persons fired from their

                   pistol and shot dead husband of informant. It is alleged that the

                   aforesaid altercation took place due to previous dispute.
Patna High Court CR. MISC. No.4420 of 2026(2) dt.16-02-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is not named in the F.I.R. The name of the petitioner

          transpired during course of investigation in the confessional

          statement of other co-accused persons. Informant is neither eye

          witness to the alleged occurrence nor she disclosed on what

          basis she came to know about the name of accused persons who

          were involved in the alleged occurrence. During investigation,

          one witness Dhanik Lal Mahto, who claims himself to be eye

          witness, has not named this petitioner. Except confessional

          statement, there is no other material to show the complicity of

          this petitioner in the aforesaid occurrence. Similarly situated co-

          accused has already been allowed bail by a co-ordinate bench of

          this Court vide order passed in Cr.Mis.No. 52555/2025.

          Petitioner is in custody since 30.11.2025. Chargesheet has

          already been submitted.

                       5. Learned A.P.P. for the State and the informant

          oppose bail application.

                       6. Considering the aforesaid facts and period of

          custody, the bail application is allowed. Let the above named

          petitioner be released on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of Additional Chief Judicial Magistrate
               Patna High Court CR. MISC. No.4420 of 2026(2) dt.16-02-2026
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                         I, Dalsinghsarai, Samastipur in Dalsingsarai P. S. Case No. 235

                         of 2024.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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