Patna High Court
Jishan AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner.
Summary
Jishan Ali was arrested in connection with a murder case (Manjhagarh P.S. Case No. 139 of 2025) alleged under Sections 103(1) and 3(5) of the BNS. The FIR named only Sunil Kumar and two unknown persons; Ali's name surfaced later during investigation, with no material recovered from his possession and no specific allegation that he inflicted the fatal stab. The petitioner argued that he was falsely implicated based solely on suspicion and that the motive pertained to a land dispute involving the co‑accused. The State opposed bail, but the court noted the absence of his name in the FIR, lack of recovered evidence, and the fact that CCTV footage identified six accused without naming Ali. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to a person not named in the FIR and with no material recovered against him.
- Whether mere suspicion and later inclusion of the petitioner’s name during investigation justify continued custody.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- murder
- FIR
- suspicion
- Section 103
- Section 3
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79058 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Jishan Ali, Male, aged about 22 years, Son of Firoj Alam, Resident of Village-
Hajiyapur Ward No- 26 P.S.- Gopalganj, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Ms. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Manjhagarh P.S. Case No. 139 of 2025 instituted for the
offences punishable under Sections 103(1) and 3(5) of the BNS.
3. As per allegation in the FIR, the co-accused
namely, Sunil Kumar and two unknown persons murdered the
brother of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case only on the basis of
suspicion. He submits that there is no any recovery from the
conscious possession of the petitioner. He further submits that
the motive alleged in the FIR is purely with co-accused Sunil
Kumar relating to the land dispute and the petitioner has no
Patna High Court CR. MISC. No.79058 of 2025(3) dt.17-01-2026
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concerned with the same. He next submits that there is no
specific allegation against the petitioner of assaulting the
deceased. Petitioner is in custody since 19.06.2025.
5. Learned APP for the Statte opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR, case diary and impugned
order of the learned Principal Sessions Judge, Gopalganj dated
11.09.2025, it appears that petitioner is not named in the FIR
and his name transpired in this case during course of
investigation. From perusal of the records, it also appears that
on the basis of fardbeyan, FIR has been registered under
Sections 103(1) and 3(5) of the BNS against co-accused Sunil
Kumar and two unknown persons. During course of
investigation, on the basis of other co-accused persons named
the petitioner. It also appears that in the FIR and the statement
of witnesses in paragraph nos. 4 and 5 of the case diary, dying
declaration of the deceased as stated that the knife blow stabbed
by one Sunil Kumar. From perusal of paragraph no. 50 of the
case diary, it also appears that due to examination of CCTV
footage near the place of occurrence, six accused persons with
Sunil Kumar identified but not stated the name of the present
petitioner. There is no any recovery from the conscious
Patna High Court CR. MISC. No.79058 of 2025(3) dt.17-01-2026
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possession of the petitioner and he is in custody since
19.06.2025, so considering all these aspects of the case and
submission of learned counsel for the petitioner, I am inclined to
grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Gopalganj in connection with
Manjhagarh P.S. Case No. 139 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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