Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 103(1), 238
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
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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
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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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