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Patna High Court

Jishan AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                      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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