Patna High Court
Dinesh Kumar @ Dinesh PatelversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the allegations were serious and prima facie evidence indicated the appellant's complicity in the murder.
Summary
The appellant, Dinesh Kumar, was charged with murder and related offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act. The prosecution alleged that the appellant participated in a criminal conspiracy that led to the death of the informant's father, supported by CCTV footage, call records and other material. The appellant sought anticipatory bail, arguing lack of concrete evidence. The trial court rejected the bail application, and the appellant appealed. The High Court examined the seriousness of the allegations, the prima facie evidence of involvement, and the nature of the offences. Concluding that the gravity of the case warranted the continuation of custody, the Court upheld the trial court's decision and denied anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to an accused in a murder case involving offences under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the material evidence on record establishes a prima facie case sufficient to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 118, 126(2), 190, 191(1), 191(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r), 3(i)(s)
Subjects
- anticipatory bail
- murder
- criminal conspiracy
- SC/ST Act
- Bharatiya Nyaya Sanhita
- prima facie evidence
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4065 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Dinesh Kumar @ Dinesh Patel S/O Damodar Patel R/O Vill.- Chargaha Ward
no. 3, P.s.- Bettiah Mufassil, Dist.- West Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Jitan Ram S/O Late Ramdev Ram R/O Vill.- Barwat Sena, P.s.- Bettiah
Mufassil, Dist.- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar Tiwari
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 03-04-2026 Heard learned counsel for the appellant, the learned
Spl. P.P. for the State including the learned counsel for the
informant.
2. This appeal is preferred against the order dated
19.08.2025 passed by the learned A.D.J.-1st,-cum-Special
Judge, SC/ST Act, Bettia, West Champaran in ABP No. 1501 of
2025 arising out of Muffasil P.S. Case No. 313 of 2025
registered for the offence under Sections 190, 191(1), 191(2),
126(2), 118, 103(1) of the Bharatiya Nyaya Sanhita, 2023 and
under Sections 3(i)(r), 3(i)(s) and 3(2)(va) of the SC/ST Act, by
which the prayer of the appellant for anticipatory bail was
rejected.
Patna High Court CR. APP (SJ) No.4065 of 2025(3) dt.03-04-2026
2/3
3. The prosecution case, in brief, is that on the alleged
date of occurrence, when the father of the informant was
returning after attending a Katha Matkor ceremony, he was
found lying injured on Bettiah–Areraj Main Road with bleeding
injuries. Upon hearing his cries, the informant reached the spot
and allegedly saw 6–7 persons fleeing away after assaulting his
father. It is alleged that the accused persons, in furtherance of a
criminal conspiracy, assaulted the deceased with knife, iron rod
and pipe, as a result of which he succumbed to the injuries
during treatment.
4. From perusal of the materials on record, it
transpires that though the names of certain persons were
disclosed in the FIR, their involvement was not substantiated
during investigation. However, on the basis of CCTV footage,
call detail records and other materials collected during
investigation, the involvement of the present appellant along
with co-accused persons, namely, Ravindra Kumar Singh,
Shikhari Yadav @ Amar Yadav, Manu Kumar, Akhilesh Kumar,
Dhoni Yadav, and Raju Patel, has come to light. It further
appears that the appellant is alleged to have actively participated
in the commission of the offence pursuant to a criminal
conspiracy hatched for committing the murder of the deceased.
Patna High Court CR. APP (SJ) No.4065 of 2025(3) dt.03-04-2026
3/3
The nature and gravity of the accusation, the manner in which
the offence is alleged to have been committed, and the materials
collected during investigation prima facie indicate the
complicity of the appellant in a heinous offence resulting in
death.
5. Considering the seriousness of the allegations
levelled against the appellant, this Court is not inclined to grant
the privilege of anticipatory bail to the appellant.
6. Accordingly, the prayer for anticipatory bail of the
appellant is hereby rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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