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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, holding that the prosecution’s case was weak and the accused were entitled to liberty pending trial.

Summary

The petitioners, two women and a man, applied for bail in a criminal case registered under Sections 103(1) and 238 of the Bihar Negotiable Instruments Act, alleging that they were falsely implicated in the death of an informant’s son whose body was found on a railway track. The petitioners contended that the deceased had actually died in a railway accident and that the only incriminating material was a confessional statement of a co‑accused, which they argued lacks evidentiary value. The State, represented by an Assistant Public Prosecutor, opposed the bail, but the court noted the absence of any direct evidence against the petitioners and the fact that they had been in custody for more than a year. Relying on the principle that bail should be granted when the prosecution’s case is weak and the accused are not a flight risk, the court ordered bail. Each petitioner was required to furnish a bail bond of Rs 10,000 with two sureties and to appear before the lower court on all dates, with the bail liable to cancellation on two consecutive non‑appearances unless justified by extreme circumstances.

Issues considered

  • Whether bail should be granted to the petitioners under Sections 103(1) and 238 of the Bihar Negotiable Instruments Act given the lack of direct evidence and prolonged pre‑trial detention.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 103(1)
  • Section 238
  • Bihar Negotiable Instruments Act
  • confessional statement
  • pre‑trial detention
  • evidentiary value

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44052 of 2025
                   Arising Out of PS. Case No.-250 Year-2024 Thana- CHAPRA RAIL P.S. District- Saran
                 ======================================================
           1.     Manju Devi D/O Ghural Basfore @ Dhural Basfore R/O Vill.- Ekma Main
                  Road, Near Old Goods godown, P.s.- Ekma, Dist.- Saran.
           2.    Rajesh Kumar S/O Ghural Basfore @ Dhural Basfore R/O Vill.- Ekma Main
                 Road, Near Old Goods godown, P.s.- Ekma, Dist.- Saran.
           3.    Putul Devi W/O Ghural Basfore @ Dhural Basfore R/O Vill.- Ekma Main
                 Road, Near Old Goods godown, P.s.- Ekma, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewendra Narayan Singh
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   20-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in a case registered for the

                   offence punishable under Sections-103(1) & 238 of BNS.

                                3. Allegedly, the son of the informant was killed by

                   some unknown person and his dead body was thrown at railway

                   track.

                                4. Learned counsel for the petitioners has submitted

                   that the petitioners are innocent and they have falsely been

                   implicated in this case. Petitioner Nos. 1 & 3 are ladies. The FIR

                   has been lodged against unknown. There is no eye witness of
Patna High Court CR. MISC. No.44052 of 2025(6) dt.20-02-2026
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          the occurrence and the dead body was found on railway track.

          Learned counsel has submitted further that as a matter of fact,

          the deceased died in railway accident. He has submitted further

          that except confessional statement of co-accused persons, which

          is not leading to recovery, has no evidentiary value in the eye of

          law. The petitioners are under custody since 22-01-2025.

                       5. On the other hand, Mr. J.N. Thakur, learned APP

          has opposed the prayer for bail.

                       6. It appears that except confessional statement of co-

          accused persons which too, is not leading to recovery, there is

          nothing against the petitioners. They are under custody for a

          period of more than one year.

                       7. Considering the aforesaid facts and circumstances,

          let the petitioners named above, be released on bail on

          furnishing bail bond of Rs. 10,000/- (ten thousand) each with

          two sureties of the like amount each to the satisfaction of

          learned Additional Chief Judicial Magistrate (Railway), Saran at

          Chapra in connection with Chapra G.R.P.S. Rail P.S. Case No.

          250 of 2024 with the condition that the petitioners will

          appear in the court below on each and every date fixed in

          the case and if, they fail to do so on two consecutive dates

          unless      they     are      prevented        by    extremely   adverse
            Patna High Court CR. MISC. No.44052 of 2025(6) dt.20-02-2026
                                                        3/3




                      circumstances, the learned court below shall be at liberty to

                      cancel the bail bonds of the petitioners.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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