Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103(1)
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
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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
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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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