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Patna High Court

Shivam @ LadduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail and is ordered to be released upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Shivam @ Laddu, sought bail in a case registered under Sections 103(1) and 238 of the Bihar Narcotic Substances (B.N.S.) Act, 2023, relating to the murder of an unknown woman. The prosecution's case was based on a confessional statement by a co-accused, Nitish Kumar, which implicated the petitioner, though no material was recovered from him. The petitioner argued that he was falsely implicated, had no criminal antecedent, and that the alleged motive involved illicit relations between the deceased and her step‑son. The State opposed bail, contending the seriousness of the offences. After hearing both sides, the court found the petitioner's claim of innocence credible and, noting that the co‑accused had already been granted bail, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail under Sections 103(1) and 238 of the B.N.S. Act, 2023 despite the confessional statement of a co‑accused.
  • Whether the absence of seized material and the petitioner's clean record justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • B.N.S. Act
  • Section 103
  • Section 238
  • confessional statement
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6296 of 2026
                        Arising Out of PS. Case No.-142 Year-2025 Thana- ISUAPUR District- Saran
                 ======================================================
                 Shivam @ Laddu S/O Vijaydhar Manjhi @ Vijadhar Manjhi Resident of
                 Village- Shampur (Shyampur), Police Station- Isuapur, District- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Mili Kumari, Advocate
                 For the Opposite Party/s :        Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Isuapur P.S. Case No. 142 of 2025 registered for the

                   offence punishable under Sections 103(1), 238 of the B.N.S.,

                   2023.

                                3. The case of the prosecution is that the local

                   chowkidar Jagal Rai found a dead body of an unknown woman

                   lying on the main road near the new temple at Isuapur Bazar.

                   The FIR was lodged against unknown persons. During

                   investigation, the husband of deceased has disclosed the name

                   of Nitish Kumar. Afterwards, Nitish Kumar has also given his

                   confessional statement and the name of this petitioner has

                   surfaced in the confessional statement of Nitish Kumar.
Patna High Court CR. MISC. No.6296 of 2026(2) dt.06-02-2026
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                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that the deceased was living with her

          husband and step-son and there was illicit relation between the

          deceased and her step-son which was being seen by the husband

          of the deceased. He also submits that the name of this petitioner

          has surfaced only during investigation in the confession of

          Nitish Kumar. Nothing has been recovered from the possession

          of this petitioner. He further submits that co-accused namely,

          Nitish Kumar has already been granted bail by this court vide

          Cr. Misc. No. 89435 of 2025. Moreover, a statement has been

          made in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          05.08.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.6296 of 2026(2) dt.06-02-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Saran at Chapra in connection with

                     Isuapur P.S. Case No. 142 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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