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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to a bond and specified conditions.

Summary

Manju Devi and Murari Das, the mother and father of co-accused Bhola Das, were arrested in connection with a murder case (PS Amarpur Case No. 327 of 2025) under Section 103(1) of the Bihar Narcotic Substances Act, 2023. They sought bail, claiming they were falsely implicated and that the actual perpetrators, Vikram Kumar and Govind Kumar, had confessed to the crime. The prosecution opposed bail, citing a prior criminal antecedent of the petitioners, although they were already out on bail in another matter. The court examined the lack of eyewitness testimony, the confession of the co‑accused, and the petitioners’ alleged innocence. It granted bail on a bond of Rs. 10,000 each with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioners accused under Section 103(1) of the Bihar Narcotic Substances Act, 2023 despite a prior criminal antecedent.
  • Whether the absence of eyewitness testimony and the confession of co‑accused justify release on bail.

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • false implication
  • Section 103
  • Bihar Narcotic Substances Act
  • High Court
  • co‑accused
  • confession
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81673 of 2025
                      Arising Out of PS. Case No.-327 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
           1.     Manju Devi W/O Hareram Das @ Murari Das Resident Of Village-
                  Ramnagar, P.S- Amarpur, Distt.- Banka.
           2.     Murari Das @ Hareram Das S/O Balram Das Resident Of Village-
                  Ramnagar, P.S- Amarpur, Distt.- Banka.
                                                                 ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saurabh Raj, Advocate
                 For the Opposite Party/s :      Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   27-01-2026                       Heard Mr. Saurabh Raj, learned counsel for the

                   petitioners and Mr. Upendra Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   28.05.2025 in connection with Amarpur P.S. Case No. 327 of

                   2025, F.I.R. dated 08.05.2025 for the offences punishable under

                   Section 103(1) of the BNS, 2023.

                               3.    According to prosecution case, the informant's

                   daughter was found dead in the field of Mohan Das and the

                   informant suspects that her daughter was killed by some

                   unknown person.

                               4. Learned counsel for the petitioners submits that

                   petitioners are innocent and they have falsely been implicated in

                   the present case. The allegation as alleged in the F.I.R is false
Patna High Court CR. MISC. No.81673 of 2025(3) dt.27-01-2026
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          and fabricated and the petitioners have not committed any

          offence as alleged in the F.I.R. He further submits that they have

          been made accused in the present case merely on the ground

          that they are mother and father of the co-accused, namely, Bhola

          Das, respectively. No one has seen the occurrence and even the

          informant is not the eye witness of the alleged occurrence and

          merely on the basis of suspicion, the petitioners have been made

          accused in the present case. He further submits that the co-

          accused persons, namely, Vikram Kumar and Govind Kumar

          have confessed their guilt that they have committed the crime in

          the present occurrence which was recorded in paragraph no. 50

          of the case diary. He further submits that the police after

          investigation submitted the charge sheet against the petitioners.

          The petitioners are in custody since 28.05.2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners on the

          ground that petitioners carries one criminal antecedent other

          than the present one but fairly submits that they are on bail in

          the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
            Patna High Court CR. MISC. No.81673 of 2025(3) dt.27-01-2026
                                                        3/3




                      two sureties of the like amount each to the satisfaction of the

                      learned CJM, Banka in connection with Amarpur P.S. Case No.

                      327 of 2025, subject to the following conditions:-

                                   i. Petitioners 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 their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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)
Vanisha/-
U      T


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