Patna High Court

Manohar SahversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The Court denied bail, dismissing the petitioner's application.

Summary

Manohar Sah was arrested in connection with a kidnapping and murder of a six‑year‑old child, alleged under Sections 137(2), 140(3), 3(5) of the BNS, with Section 103(1) later added. The petitioner had been in custody since 5 June 2025 and applied for bail before the Patna High Court. The prosecution presented the recovered skeleton of the child and material evidence linking the petitioner to the crime, emphasizing the seriousness of the allegations. The Court examined whether the gravity of the offences warranted the denial of bail. Considering the nature of the charges and the evidence, the Court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether bail should be granted to the accused in a kidnapping and murder case involving serious offences under the BNS.

Legislation cited

BNS — s. 103(1), 137(2), 140(3), 3(5)

Subjects

bail
kidnapping
murder
serious offences
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88377 of 2025
                   Arising Out of PS. Case No.-238 Year-2025 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Manohar Sah son of Mahraj Sah Village-Jokiyari ,P.S-Raxaul ,District-East
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Shankar Shrivastava
                 For the Opposite Party/s :       Mr.Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-03-2026                  Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Sessions Trial No. 1276 of 2025 arising out of Raxaul P.S. Case

                   No. 238 of 2025 registered for the offence under Sections

                   137(2), 140(3), 3(5) of the BNS and later on Section 103(1) of

                   the BNS was also added.

                                3. As per the prosecution case, the petitioner and

                   others are said to have kidnapped and killed a six year old child.

                                4. The petitioner is in custody since 5.6.2025. The

                   skeleton of the deceased child has been recovered and materials

                   have also come during investigation to connect him with the

                   crime.

                                5. In view of the serious allegations levelled against

                   the petitioner, this Court is not inclined to grant bail to the
          Patna High Court CR. MISC. No.88377 of 2025(3) dt.19-03-2026
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                    petitioner.

                                  6. Accordingly, this application is dismissed.



                                                               (Sandeep Kumar, J)
Vikas/-

U

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