Patna High Court
Shivam @ LadduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 103(1), 238
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
2/3
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
Checking your session…