Mantu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15619 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Rajnish Rai @ Rajnish Kumar @ Rajnish Kumar Rai Son of Shankar Rai @ Shekhar Rai @ Chandrashekhar Rai Resident of Village - Bhangaha Ward No.4, P.S. - Kumarbagh, District - West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15888 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Laddu Dubey @ Anuj Kumar Dubey Son of Arvind Dubey @ Arvind Kumar Dubey Resident of Navka Tola Ward No. 6 Lohiaria, P.S.- Kumarbagh, Distt.- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18878 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Mantu sah Son of Kari Sah Resident of Village- Motichhapar, Ward No. 4, P.S.- Kumarbagh, Distt.- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 15619 of 2025) For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Uday Pratap Singh (In CRIMINAL MISCELLANEOUS No. 15888 of 2025) For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Uday Pratap Singh (In CRIMINAL MISCELLANEOUS No. 18878 of 2025) For the Petitioner/s :

Mr. Dhananjay Kumar For the Opposite Party/s :

Ms. Rita Verma

2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. All the petitions have been preferred by the petitioners herein seeking their first regular bail in connection with Kumarbagh P.S. Case No. 83 of 2024 registered for the offence under Sections 140(1) and 3(5) of the Bharatiya Nyaya Sanhita and subsequently, Sections 103, 238 of the Bharatiya Nyaya Sanhita were also added. Therefore, all the applications are being decided by this common order.

3. According to the case of prosecution, the informant Guria Devi i.e. wife of the deceased Ramesh Pandey on 16.10.2024 lodged a written complaint wherein it is alleged that on 03.10.2024, all the accused persons/applicants herein were taken the deceased with them and lastly, one Bulla Dhakar seeing all the accused persons along with deceased left the deceased on Bagaha Sigaha bridge, thereafter the deceased Ramesh Pandey did not return. Subsequently, on 19.10.2024, the dead body of the deceased Ramesh Pandey was found near Sikrahana river. During course of investigation on the basis of confessional statement made by all the applicants herein, they have been taken in custody.

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4. It is submitted by the learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in the present case. There is no legal evidence available on record on the basis of which it can be said that the alleged crime has been committed by them. It is further submitted that all the applicants have been implicated only on the basis of their confessional statement which is not admissible. All the petitioners are in custody since 18.10.2024, therefore, on these grounds, it is prayed that the petitioner may be granted benefit of regular bail.

5. Learned counsel for the State as well as counsel for the informant opposes the arguments raised by the counsel for the petitioners.

6. Heard.

7. Perused the case diary and other materials available on record.

8. Considering the submissions made by the counsel for the petitioners and after perusal of the case diary, I am of the view that it is a case where the petitioner should be granted benefit of bail, as except confessional statement of the accused persons, no other evidence is available on record.

9. Accordingly, all these bail applications are

4/4 allowed.

10. 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 J.M., 1st Class, Bettiah (West Champran) in connection with Kumarbagh P.S. Case No. 83 of 2024.

(Arvind Singh Chandel , J) shailendra/- U T