Patna High Court
Som Hasda @ RaviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioners had clean antecedents and the prosecution had not produced cogent material linking them to the alleged murder.
Summary
Som Hasda and Nimai Hasda were arrested on 14 July 2025 in connection with a murder case (Sections 103(1) and 3(5) of BNS) based on an informant’s statement that they killed his brother. The petitioners argued that they have clean antecedents, the informant was not an eye‑witness, and the investigation had produced no cogent material linking them to the crime. The State opposed bail, contending the seriousness of the offence. The High Court observed that the prosecution’s case rested solely on the informant’s allegation and that no substantive evidence had been presented, while noting the petitioners’ clean records. Consequently, the Court granted bail to each petitioner on a bond of Rs. 10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates or concealment of criminal history.
Issues considered
- Whether bail can be granted to accused persons charged with murder under Sections 103(1) and 3(5) of BNS when the prosecution’s evidence is limited to an informant’s statement.
- Whether the informant’s declaration constitutes sufficient material to justify denial of bail.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- murder
- clean antecedent
- informant statement
- insufficient evidence
- Sections 103(1) BNS
- Section 3(5) BNS
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84164 of 2025
Arising Out of PS. Case No.-294 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
1. Som Hasda @ Ravi S/o Late Lakhiram @ Lakhiram Hasda R/o Village -
Ghurna, Ward no. 14, P.S - Kochadhaman, District - Kishanganj Presently
R/o Village - Babhan Gaon, P.S - Kochadhaman, District - Kishanganj
2. Nimai Hasda @ Tallu S/o Late Lakhiram @ Lakhiram Hasda R/o Village -
Ghurna, Ward no. 14, P.S - Kochadhaman, District - Kishanganj Presently
R/o Village - Babhan Gaon, P.S - Kochadhaman, District - Kishanganj
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Ram Prawesh Kumar, learned counsel for
the petitioners and Mr. Md. Matloob Rab, learned Additional
Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
14.07.2025 in connection with Kochadhaman P.S. Case No. 294
of 2025, for the offences punishable under Sections 103(1) and
3(5) of BNS.
3. The case of the prosecution, in brief, is that the
informant has given fardbeyan to the officer in charge
Kochadhaman Police Station stating therein that informant
namely Ghansyam Murmu S/O Tala Kuraon of village Motihara
ward no. 11 P.S., District-Kishanganj gave his fardbeyan to the
Patna High Court CR. MISC. No.84164 of 2025(3) dt.25-03-2026
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S.H.O. Kochadhaman P.S. stating therein that his elder brother
deceased Lakhan Murmu used to stay at village Patkoi Kala
under Kochadhaman P.S. for last 7-8 years and used to earn his
livelihood by doing menial work there. On 13.07.2025, he
received an information that Som Hansda and Nimai Hansda,
the petitioner in this bail application committed murder of his
brother by committing assault on him, it has been further stated
that these two brothers used to entangle with his deceased
bother very often. Further it has been stated that he claims and
has full believe that his brother died due to brutal assault.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and it appears from the FIR
that the informant is not an eye-witness to the alleged
occurrence in question and petitioners have been made an
accused in this case on the basis of suspicion. It is also
submitted that no cogent material has come during the course of
investigation to suggest the involvement of petitioner in the
present occurrence and police after investigation has submitted
charge-sheet and the petitioner is in custody since 14.07.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.84164 of 2025(3) dt.25-03-2026
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and that petitioners have clean antecedent and also the fact that
no cogent material has come during the course of investigation
to suggest the involvement of petitioner in the present
occurrence, let the petitioners, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Kishanganj in
connection with Kochadhaman P.S. Case No. 294 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
Patna High Court CR. MISC. No.84164 of 2025(3) dt.25-03-2026
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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)
Gaurav Sinha/-
U T
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