Mohan Das @ Mohan Kumar Das v. The State Of Bihar

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 VillageBishanpur, 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 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 2/3 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