Patna High Court
Dilsher AliversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied because the petitioner's confession and the recovered cloth provided sufficient grounds to consider him a flight risk and a danger to the investigation.
Summary
The petitioner, Dilsher Ali, was arrested on 15 August 2025 in connection with a murder case (Bagaha P.S. Case No. 226 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023. He applied for bail, claiming innocence and arguing that the informant was not an eye‑witness and that the only incriminating material – a confession recorded in the case diary and a cloth recovered – stemmed from statements of a co‑accused. The prosecution countered that the petitioner's own confession and the recovered cloth provided sufficient basis to deny bail, and cited a prior order rejecting bail for another co‑accused. The court examined the material evidence and the seriousness of the offence, concluding that the circumstances did not warrant the grant of bail. Consequently, the court refused the bail application, ordering the petitioner to remain in custody.
Issues considered
- What is the appropriate standard for granting bail in a murder case under the Bharatiya Nyay Sanhita, 2023?
- Whether the petitioner's confession and the recovered cloth constitute sufficient grounds to deny bail?
- Whether the informant's testimony, lacking eye‑witness status, affects the bail determination?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- confession
- murder
- criminal procedure
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12615 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- BAGHA District- West Champaran
======================================================
Dilsher Ali S/o Bhola Mian R/o Village - Chandi Sthan, Police Station -
Bagaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baxi S.R.P Sinha, Sr. Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
For the Informant : Mr. Prithvi Nath Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 10-04-2026 Heard Mr. Baxi S.R.P Sinha, learned senior
counsel for the petitioner, Mr. Ahmad Ali, learned A.P.P. for the
State and Mr. Prithvi Nath Mishra, learned counsel for the
Informant.
2. The petitioner seeks bail, who is in custody since
15.08.2025 in connection with Bagaha P.S. Case No. 226 of
2025, FIR dated 14.08.2025 registered for the offence under
Section 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, it is alleged that
informant was informed by daughter-in-law of his brother,
Shyamsundar Kushwaha that her father-in-law has been killed.
On this, when the informant went to the house of his brother, he
found dead body of his brother with injuries on his head. The
Patna High Court CR. MISC. No.12615 of 2026(3) dt.10-04-2026
2/3
informant alleged that some unknown persons by means of
sharp weapon killed his brother.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and he has falsely been
implicated in this case. Informant is not the eye witness of the
alleged occurrence and his name has been transpired during
investigation on the basis of disclosure made by apprehended
co-accused person, namely, Mahima Kumari which was
recorded in paragraph-13 of the case diary. Thereafter, the
petitioner had also confessed his guilt in the present occurrence
which was recorded in paragraph-21 of the case diary and on the
basis of confessional statement of petitioner, the cloth which
used at the time of the occurrence was recovered and except the
aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence and the petitioner is rotting in judicial
custody since 15.08.2025.
5. Learned A.P.P. for the State and learned counsel for
the Informant, on the other hand, have vehemently opposed the
prayer for bail of the petitioner and submit that on the basis of
confessional statement of petitioner, the cloth which used at the
time of the occurrence was recovered and the bail application of
Patna High Court CR. MISC. No.12615 of 2026(3) dt.10-04-2026
3/3
co-accused, namely, Bhulai Mian has been rejected by this
Court vide order dated 30.03.2026 in Cr. Misc. No. 85991 of
2025.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Bagaha P.S. Case No. 226 of 2025, pending in
the Court of Additional Chief Judicial Magistrate 1st Bagaha,
West Champaran.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…