Patna High Court
Surendra ShaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Surendra Sha was arrested on 23 June 2025 in connection with a kidnapping and murder case (PS Manjhagadh Case No. 453 of 2023) and charged under IPC sections 364, 302, 201 and 120(B). The prosecution’s case rests mainly on a confessional statement of co‑accused Neha Kumari, which makes a general allegation against all accused, including the petitioner, but does not specifically allege any overt act by him. The petitioner contended that he has a clean antecedent, was not named in the FIR and was falsely implicated. The learned Additional Public Prosecutor opposed bail, arguing the co‑accused’s statement linked the petitioner to the crime. The court, after considering the lack of specific material against the petitioner and his clean record, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences (IPC 364, 302, 201, 120(B)).
- Whether the confessional statement of a co‑accused provides sufficient basis to deny bail.
- Whether the petitioner’s alleged clean antecedent and lack of specific allegation in the FIR justify bail.
Legislation cited
- Indian Penal Code — s. 120(B), 201, 302, 364
Subjects
- bail
- kidnapping
- murder
- criminal conspiracy
- confessional statement
- co‑accused
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66581 of 2025
Arising Out of PS. Case No.-453 Year-2023 Thana- MANJHAGARH District- Gopalganj
======================================================
Surendra Sha S/O Thakur Sha Resident of Village- Bondamunda Road, P.S.-
Raurkela, Dist.-Sundargarh, Orissa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Narayan, Sr.Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 23-03-2026 Heard Mr. Rajendra Narayan, learned senior
counsel for the petitioner as well as Mr. Kalyan Shankar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.06.2025 in connection with Manjhagadh P.S. Case No. 453
of 2023, F.I.R. dated 17.12.2023 for the offences punishable
under Sections 364, 302, 201, 120(B) of the Indian Penal Code.
3. According to prosecution case, the informant
suspects the involvement of the petitioner and others in
kidnapping and killing his brother, namely, Manoj Sah.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Petitioner is not named in the FIR
and his name transpired on the basis of confessional statement
Patna High Court CR. MISC. No.66581 of 2025(4) dt.23-03-2026
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of apprehended co-accused person, namely, Neha Kumari and
from bare perusal of the confessional statement of the said Neha
Kumar it appears that there is no specific allegation of assault or
overt act against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 23.06.2025 .
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits co-accused, Neha Kumari has disclosed that the
petitioner was involved in the present crime in question but
fairly submits that and except the disclosure made by
apprehended co-accused person, no other cogent material has
come during investigation which suggest the involvement of the
petitioner in the present occurrence.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond 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 Manjhagadh P.S. Case No. 453 of
2023, subject to the following conditions:-
Patna High Court CR. MISC. No.66581 of 2025(4) dt.23-03-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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