Patna High Court
Mohan Das @ Mohan Kumar DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, holding that the lack of corroborative evidence and the petitioner’s circumstances warranted release on bail.
Summary
Mohan Das applied for regular bail in a murder case registered under sections 103(1) and 3(5) of the B.N.S. The prosecution alleged that the husband of an informant was killed by unknown miscreants, but during investigation the petitioner’s name surfaced in a statement by Amit Kumar Das, who claimed the petitioner had an illicit relationship with the deceased’s wife and was present with the victim on the day of the murder. The petitioner’s own recorded statement allegedly admits that he killed the deceased with a surgical blade, yet no weapon was recovered and there were no eyewitnesses. The petitioner argued that, apart from the incriminating statement, there is no other material evidence, he has no prior criminal record, and he has been in judicial custody since 28‑03‑2025. The State opposed the bail, but the Court, after considering the lack of corroborative evidence and the petitioner’s circumstances, decided to grant regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Sessions Judge, Kishanganj.
Issues considered
- Whether the petitioner is entitled to regular bail despite an incriminating statement and absence of other substantive evidence.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- criminal procedure
- incriminating statement
- lack of evidence
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9482 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Mohan Das @ Mohan Kumar Das Son of Kishan Lal Das Resident of Village-
Bishanpur, P.S.- Bishanpur, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1) and
3(5) of B.N.S.
3. The case of the prosecution is that the husband of
the informant was killed by unknown miscreants.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted the FIR was lodged
against unknown miscreants. Learned counsel has submitted
that the name of this petitioner has surfaced during course of
investigation in the statement of Amit Kumar Das. He has
further submitted that during investigation in para-22 of the case
Patna High Court CR. MISC. No.9482 of 2026(3) dt.12-03-2026
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diary, it has come that spy has disclosed that the wife of the
deceased was having illicit relation with this petitioner and on
the date of the occurrence, the deceased was consuming liquor
with this petitioner and one Manoj Das. He has further
submitted that from perusal of the para-47 of the diary, it
transpires that police has recorded statement of this petitioner
also and in that statement, he has stated that he has killed the
deceased with surgical blade. Learned counsel has further
submitted save and except the inculpatory statement of this
petitioner that he has killed the deceased, there is nothing
against him. Learned counsel has submitted that said weapon of
offence has not been recovered from the maize field. He has
also submitted that though it has come during investigation that
the petitioner was illicit relation with the informant but save and
except this, there is nothing against him. There is no eye witness
to the occurrence. Save and except motive, no overt act could be
investigated against this petitioner during entire investigation. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 28.03.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
Patna High Court CR. MISC. No.9482 of 2026(3) dt.12-03-2026
3/3
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Kochadhaman Thana P.S. Case No. 121 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Court of Sessions
Judge, Kishanganj.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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