Patna High Court
Dhuri Kumar @ PaglaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- BNS Act — s. 103(1), 238, 3(5), 61(2)
- Scheduled Castes and Scheduled Tribes (Prevention) Act, 1989 — s. 3(2)(v)
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
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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/-
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