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Patna High Court

Dhuri Kumar @ PaglaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the evidence, including the co‑accused’s self‑inculpatory statement and mobile location data, demonstrated the appellant’s participation in the murder, warranting continued custody.

Summary

The appellant, Dhuri Kumar, was charged with murder and related offences under Sections 103(1), 238, 61(2), 3(5) of the BNS Act and Section 3(2)(v) of the SC/ST Act. The prosecution alleged that the deceased was killed after being summoned by the accused, and a self‑inculpatory statement of a co‑accused implicated the appellant. The appellant argued that he was not named in the FIR and therefore should be granted bail. The State contended that the co‑accused’s statement and mobile location data linked the appellant to the crime. The High Court examined the credibility of the evidence and the seriousness of the offences, concluding that bail could not be justified. Consequently, the court dismissed the appellant’s bail application.

Issues considered

  • Whether bail should be granted to the appellant in a murder case under the BNS Act and SC/ST Act.
  • Whether the appellant’s non‑mention in the FIR precludes his detention.

Legislation cited

Subjects

  • bail
  • murder
  • SC/ST Act
  • self‑inculpatory statement
  • mobile location evidence
  • exclusive special judge
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3910 of 2025
                        Arising Out of PS. Case No.-275 Year-2025 Thana- Lahsuna District- Patna
                 ======================================================
                 Dhuri Kumar @ Pagla S/o- Bhajju Manjhi @ Bhaju Manji Resident of
                 Village- Ushmanchak, P.S. Lahsuna, Mashaurhi, District- Patna

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Ajit Kumar S/o- Late Bindeshwari Mochi Resident of Village- Ushmanchak,
                 P.S. Lahsuna, Mashaurhi, District- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Sheonandan Pandit
                 For the Respondent/s    :        Mr.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   02-04-2026                  Heard the parties.

                               2. This appeal is preferred against the order dated

                   06.08.2025 passed in Special Case No. 323 of 2025 in

                   connection with Lahsuna P.S. Case No. 275 of 2025 passed by

                   the learned Exclusive Special Judge, SC/ST Act, Patna

                   registered for the offence under Sections 103(1), 238, 61(2),

                   3(5) of the BNS and under Section 3(2)(v) of the SC/ST Act.

                               3. As per the prosecution case, the son of the

                   informant was killed and for the same the informant suspected

                   some accused persons.

                               4. The appellant is in custody since 26.04.2025.

                               5. Learned counsel for the appellant submits that the
          Patna High Court CR. APP (SJ) No.3910 of 2025(6) dt.02-04-2026
                                                       2/2




                    appellant has not been named by the informant in the FIR.

                                 6. Learned APP for the State has opposed the

                    application of the appellant and has submitted that in the self-

                    inculpatory statement of one Karan Kumar, it has come that the

                    appellant and other co-accused called the deceased through

                    Choti Kumari and thereafter they have brutally assaulted and

                    killed the deceased. He further submits that the mobile location

                    of accused persons also supports their participation in the

                    alleged crime.

                                 7. Considering the aforesaid facts, this Court is not

                    inclined to grant bail to the appellant.

                                 8. Accordingly, this application is dismissed.



                                               (Sandeep Kumar, J)
Vikas/-

U


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