Patna High Court
Dinesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Dinesh Rai, was charged under sections 302, 202 and 34 of the Bharatiya Nyaya Sanhita, 2023 for the alleged murder of an informant's son and concealment of the body. The informant alleged that the petitioner and ten unknown persons killed the victim, whose post‑mortem report showed death by asphyxia due to drowning with no ante‑mortem injuries. The petitioner’s counsel argued that no specific overt act was attributed to him, he has a clean antecedent, and several co‑accused have already been granted bail. The State opposed the bail application. Considering the nature of the accusation, the lack of direct evidence against the petitioner, and the period of custody, the Court allowed regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail for offences punishable under sections 302, 202 and 34 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the absence of a specific overt act and the medical evidence affect the bail decision.
- Whether the period of custody and the fact that co‑accused have been granted bail justify granting bail to the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 202, 302, 34
Subjects
- regular bail
- murder
- concealment of body
- criminal conspiracy
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86883 of 2025
Arising Out of PS. Case No.-263 Year-2023 Thana- PARSA District- Saran
======================================================
Dinesh Rai S/o Tribhuvan Rai R/o village - Parsauna, P.S - Parsa, District -
Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under sections 302, 202 and 34 of the
Bharatiya Nyaya Sanhita, 2023 .
3 . Case of the informant is that son of the informant
had gone to his maternal uncle's village on 15.08.2023 . On
16.08.2023, one Khushi Kumari informed informant's niece that
that all the FIR named accused persons including this petitioner
and 10 unknown accused persons have killed son of the
informant and dead body has been concealed in a pond of the
village .
4. Learned counsel appearing for the petitioner
submits that no specific overt act has been alleged against this
petitioner. Doctor, in the post-mortem report, opined cause of
Patna High Court CR. MISC. No.86883 of 2025(2) dt.27-01-2026
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death as Asphyxia due to drowning. Doctor has found no ante-
mortem injury on the person of the deceased. Charge sheet has
already been filed. Several similarly situated co-accused have
already been allowed bail by different co-ordinate Benches of
this Court vide order passed in Cr.Mis.No. 48671/2025 and
52019/2025. Petitioner claims clean antecedent and he is in
custody since 16.10.2025 .
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the nature of accusation and period of
custody of the petitioner, his prayer for regular bail is allowed.
Let the petitioner, mentioned above, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Additional
Chief Judicial Magistrate IX, Saran at Chapra in Parsa Police
Station Case No. 263 of 2023/GR No. 7489 of 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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