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Patna High Court

Manishankar Singh @ Mani Singh @ Manishank SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Manishankar Singh, sought bail in a case registered under Sections 309(4) and 103 of the B.N.S., 2023, alleging involvement in a temple theft and the murder of a priest. The prosecution’s case relied primarily on the confessional statement of co-accused Md. Saddam, who admitted to the murder and led to the recovery of stolen idols, with no other material linking the petitioner to the offences. The petitioner contended that he was falsely implicated, had no role in the incident, and highlighted his existing bail in three other cases while being in custody since 27‑09‑2025. The State opposed bail, asserting the petitioner’s name surfaced during investigation for murder and theft. Considering the lack of substantive evidence against the petitioner, the period of custody, and the chargesheet, the court granted bail on a Rs.10,000 bond with two sureties and conditions under Section 480(3) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
  • Whether the confessional statement of a co-accused constitutes sufficient material to deny bail.
  • Application of Section 480(3) of the B.N.S.S. in imposing bail conditions.

Legislation cited

Subjects

  • bail
  • murder
  • theft
  • confessional statement
  • criminal procedure
  • Section 480(3)
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90109 of 2025
                      Arising Out of PS. Case No.-92 Year-2024 Thana- BELSAND District- Sitamarhi
                 ======================================================
                 Manishankar Singh @ Mani Singh @ Manishank Singh Son of Late Hemant
                 Kumar Singh @ Raja Singh, Resident of Village - Madhkaul, P.S. - Belsand,
                 District - Sitamarhi.
                                                                            ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :       Ms. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   20-02-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Belsand P.S. Case No. 92 of 2024 dated

                   27.07.2024, registered for the offences punishable under

                   Sections 309(4) and 103 of the B.N.S., 2023.

                                   3. As per the prosecution case, a theft was

                   committed in the temple of the informant and the miscreants slit

                   the throat of the priest who had been staying in the temple. The

                   name of the petitioner transpired during investigation for being

                   involved in the said occurrence.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner has falsely been implicated in

                   the present case. The name of the petitioner sprung up in the

                   present case on the basis of confessional statement of the co-
Patna High Court CR. MISC. No.90109 of 2025(3) dt.20-02-2026
                                            2/3




          accused Md. Saddam. Recovery was also made of two of the

          stolen idols at the instance of co-accused Md. Saddam. Except

          for the confessional statement of the co-accused, there is no

          cogent material available on record to show the complicity of

          the petitioner in the whole occurrence. Even in his confessional

          statement, the co-accused admitted to be the person who killed

          the priest of the temple. Learned counsel next submits that the

          occurrence took place in the village Madkhaul on 26.07.2024

          and about one year thereafter, the co-accused was arrested and

          on the basis of his disclosure, recovery of the idols was made

          from same village. It creates doubt over the recovery as well as

          prosecution case. Learned counsel further emphasized that

          petitioner has no role in the alleged occurrence and he is the

          resident of the same village. Learned counsel next submits that

          petitioner is having antecedent of three cases and he is on bail in

          all the said cases. Learned counsel lastly submits that petitioner

          is in custody since 27.09.2025 and chargesheet has been

          submitted .

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner and

          submits that name of the petitioner came up during investigation

          for being involved in murder and theft.

                          6. Having regard to the facts and circumstances and
          Patna High Court CR. MISC. No.90109 of 2025(3) dt.20-02-2026
                                                      3/3




                    submissions made on behalf of the parties and considering the

                    nature of material against the petitioner and also considering his

                    period of custody and submission of chargesheet against him,

                    the petitioner, above-named, is directed to be released on bail,

                    on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

                    Only) with two sureties of the like amount each to the

                    satisfaction of learned Chief Judicial Magistrate, Sitamarhi/

                    concerned Court, in connection with Belsand P.S. Case No. 92

                    of 2024, subject to the condition laid down under Section 480(3)

                    of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-
U     T


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