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Patna High Court

Sahid Ali @ LangraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Sahid Ali, was arrested in connection with the murder of Sartaj Ali, alleged under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The informant claimed the petitioner had threatened the deceased three months earlier, and the informant’s brother allegedly confessed to the murder, a statement recorded under Section 183 of the same Act. The petitioner argued that the case was based solely on suspicion, with no eye‑witness or material evidence linking him to the crime, and that he had been in custody since 23 September 2025. The State opposed bail, citing the seriousness of the offence. After considering the lack of direct evidence and the petitioner’s right to liberty, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted in a murder case where the prosecution evidence consists mainly of recorded statements and no eye‑witness or material linking the accused to the offence.

Legislation cited

Subjects

  • bail
  • murder
  • section 103
  • section 238
  • section 61(2)
  • section 183
  • suspicion
  • no eye‑witness
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5472 of 2026
                   Arising Out of PS. Case No.-349 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Sahid Ali @ Langra, S/o Noorain Miya @ Noorain Mohammad, Resident of
                 Village- Dhobwaliya, P.S- Manjhagarh, Distt.- Gopalaganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Umesh Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Bishweshwar Ram, APP
                 For the Informant        :      Mr. Chandra Mohan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   26-02-2026                    Heard learned counsel for the petitioner, learned

                   A.P.P for the State and learned counsel for the informant.

                                2. The petitioner seeks bail in connection with

                   Manjhagarh P.S. Case No. 349 of 2025 dated 20.09.2025

                   registered for the offence punishable under Sections 103(1),

                   238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the brother-in-law

                   of the informant lived and used to study at the informant's

                   house. On the alleged date of occurrence i.e. on 17.09.2025

                   at about 7.30 pm at night, his brother-in-law, namely, Sartaj

                   Ali went outside and didn't came back. The informant

                   started searching for him and when he didn't get any
Patna High Court CR. MISC. No.5472 of 2026(3) dt.26-02-2026
                                            2/3




          information regarding his brother-in-law, he informed the

          police. On 20-09-2025, after three days of the alleged date

          of occurrence, he got                information that in canal near

          Parsuram Bridge, a dead body was seen. When the

          informant with co-villagers reached at the spot, they found

          the dead body of Sartaj Ali. It is alleged that the petitioner had

          given threat to the deceased three months ago.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated in

          this case. It is submitted that the petitioner has been made

          accused only on the basis of suspicion. It is submitted that

          during investigation, the informant has been examined

          under Section 183 of the B.N.S.S., who clearly stated that

          his brother Sahnawaz Ahmed confessed about the murder of

          the deceased, namely, Sartaj Ali. It is submitted that another

          witness, namely, Sahid Ali @ Laddu also supported the

          statement of the informant recorded under Section 183 of

          the B.N.S.S.. It is further submitted that there is no eye

          witness to the occurrence and also there is no material

          available in case diary to connect the petitioner with the

          said crime. The petitioner is in custody since 23.09.2025,
            Patna High Court CR. MISC. No.5472 of 2026(3) dt.26-02-2026
                                                        3/3




                      having one criminal case against him and charge-sheet has

                      been submitted in the case.

                                   5. Learned A.P.P for the State opposes the prayer

                      for bail of the petitioner.

                                   6. Having considered the facts and circumstances

                      of 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 learned

                      C.J.M., Gopalganj in connection with Manjhagarh P.S. Case

                      No. 349 of 2025.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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