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Patna High Court

Najini KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any material evidence beyond confessional statements, the court held that bail must be granted.

Summary

Najini Khatoon, the petitioner, was arrested in connection with a murder case (Ghorasahan PS Case No.332 of 2024) and has been in custody since 27 August 2024. She sought bail, arguing that she has a clean antecedent and that the allegations in the FIR are false, noting that she was not originally named in the FIR and was implicated only through a co-accused's confessional statement and her own later statement. The prosecution opposed bail, alleging an illicit relationship with the co-accused and emphasizing the seriousness of the offence under Sections 103(1) and 3(5) of the B.N.S. The court observed that no material evidence other than the confessional statements had been produced and that the weapon had not been recovered. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions for cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted in a murder case where the only evidence against the accused is a confessional statement.
  • Whether the alleged illicit relationship with co‑accused affects the grant of bail.
  • Whether the absence of other cogent material justifies continued detention.

Legislation cited

Subjects

  • bail
  • murder
  • confessional statement
  • clean antecedent
  • Criminal Procedure Code
  • Sections 103, 3
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77153 of 2025

                      Arising Out of PS. Case No.-332 Year-2024 Thana- GHORASAHAN District- East
                                                        Champaran
                 ======================================================
                 Najini Khatoon Wife of Late aftab Alam Resident of Village- Sekhauna, P.S.-
                 Ghorasahan, District- East Champaran


                                                                                 ... ... Petitioner/s
                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate

                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   21-01-2026                   Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner and Ms. Renu Kumari, learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   27.08.2024 in connection with Ghorasahan P.S. Case No. 332 of

                   2024, F.I.R. dated 05.08.2024 for the offences punishable under

                   Sections 103(1), 3(5) of the B.N.S.

                                 3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to have attacked the informant’s

                   son by means of knife and killed him.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and the allegation as alleged in

                   the FIR is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.77153 of 2025(3) dt.21-01-2026
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          committed any offence as alleged in the F.I.R. Petitioner is not

          named in the F.I.R and the name of petitioner has been

          transpired during investigation on the basis of confessional

          statement of apprehended co-accused person, Rohit Kumar

          which is recorded in paragraph 98 of the case diary and

          thereafter the self confessional statement of petitioner in

          paragraph 81 of case diary in which she has stated that she along

          with the co-accused person, namely, Rohit Kumar have killed

          the deceased, except the aforesaid, no other cogent material has

          come during investigation against the petitioner to suggest the

          involvement of the petitioner in the present occurrence, even the

          arms which was used in the present occurrence, has not been

          recovered by the prosecution as yet. He further submits that the

          police after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 27.08.2024 (one

          year four months).

                       5. Learned APP for the State and informant have

          vehemently opposed the prayer for bail of the petitioner and

          fairly submits that during investigation, it has come that the

          petitioner has illicit relation with the co-accused persons,

          namely, Rohit Kumar and Rohit Kumar killed the deceased.

                       6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.77153 of 2025(3) dt.21-01-2026
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          petitioner has clean antecedent and except the confessional

          statement of the petitioner no other cogent material has come

          during investigation against the petitioner to suggest the

          involvement of the petitioner in the present occurrence, 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 14 th

          Additional Sessions Judge, East Champaran, Motihari in

          connection with Ghorasahan P.S. Case No. 332 of 2024 with the

          following conditions:

                       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 her absence on two consecutive dates without sufficient

          reason, her 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 her

          criminal antecedent, the court below shall take step for
            Patna High Court CR. MISC. No.77153 of 2025(3) dt.21-01-2026
                                                        4/4




                      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)

Ranjeet/-
U       T


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