Patna High Court
Manzoor Alam @ Md. Manzoor AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner.
Summary
Manzoor Alam petitioned for bail in a case (Bhadaur P.S. Case No. 20 of 2020) alleging offences under Sections 302, 201 and 120(B) of the Indian Penal Code. The prosecution’s case is based on a secret tip about a murder and a confessional statement of a co‑accused who had already been acquitted. The petitioner argued that there is no specific allegation against him, that the charge is omnibus, and that he has no criminal antecedent, having been in custody since July 2024. The State opposed bail, but the court noted the lack of direct evidence, the granting of bail to other co‑accused, and the petitioner’s clean record. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in the absence of specific allegations and given his lack of criminal antecedent
Legislation cited
- Indian Penal Code — s. 120B, 201, 302
Subjects
- bail
- Indian Penal Code
- murder
- conspiracy
- criminal antecedent
- confessional statement
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82919 of 2025
Arising Out of PS. Case No.-20 Year-2020 Thana- BHADAUR District- Patna
======================================================
Manzoor Alam @ Md. Manzoor Alam Son of Late Abdul Wakil Resident of
Village- Bhelahi, P.S.- Mahishi, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar Singh, Adv.
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhadaur P.S. Case No. 20 of 2020 instituted for the offences
under Sections 302, 201, 120(B) of the Indian Penal Code .
3. The prosecution case, in brief, is that on 16.02.2020
at about 10:30 AM, during patrolling duty, Chaukidar Vijay
Paswan received secret information that Murtaza @ Daharu had
been murdered by strangulation and, pursuant to a conspiracy,
his dead body was placed at the door of Md. Maqbool Khan.
Upon reaching the spot, the informant found the dead body with
a blackish mark around the neck and bruise injuries whereafter
the police were informed. It is further alleged that the deceased
was possibly murdered due to a love affair, and the body was
Patna High Court CR. MISC. No.82919 of 2025(4) dt.19-03-2026
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disposed of to conceal the evidence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
He further submits that there is no specific or direct allegation
of any overt act against the petitioner rather the same is general
and omnibus in nature. It is next submitted that the name of the
petitioner has transpired in this case on the basis of the
confessional statement of the co-accused Md. Shamim Ahmend
who has already been acquitted vide order dated 25.06.2025
passed in Sessions Trial No. 85 of 2021. The petitioner has no
concern with the alleged occurrence. The petitioner has no
criminal antecedent and is languishing in judicial custody since
09.07.2024 without any rhyme or reason. It is next submitted
that the investigation is complete and the petitioner is ready to
cooperate in the trial. Lastly, it is submitted that the co-accused
Md. Shamim Ahmad has already been granted regular bail by a
Co-ordinate Bench of this Court vide order dated 31.03.2022
passed in Cr. Misc. No. 56225 of 2021. Co-accused Md. Mahtab
Alam @ Md. Mahtab Khan has also been granted bail by a Co-
ordinate Bench of this Court vide order dated 24.08.2021 passed
in Cr. Misc. No. 13295 of 2021.
Patna High Court CR. MISC. No.82919 of 2025(4) dt.19-03-2026
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5. On the other hand, learned A.P.P. for the State has
opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties
and considering the fact there is nothing specific against the
petitioner as also the co-accused have already been granted bail
by a Co-ordinate Bench of this Court coupled with the fact that
the petitioner has no criminal antecedent, let the petitioner,
abovenamed, be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Barh, Patna in connection with Bhadaur P.S. Case No. 20
of 2020.
(Ajit Kumar, J)
rishi/-
U T
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