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Patna High Court

Dinesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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