Patna High Court
Sahid Ali @ LangraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 183, 238, 61(2)
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/-
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