Patna High Court
Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, and the petitioner was not granted bail.
Summary
The petitioner, Dinesh Kumar, was arrested in connection with a case registered under Sections 103(1) and 3(5) of the B.N.S., alleging that he and others brutally assaulted and killed the deceased. The petitioner contended that he was falsely implicated, had no prior criminal record, and had been in custody since 30‑06‑2025, offering to cooperate with the investigation. The State opposed regular bail, arguing that the petitioner had summoned the deceased, after which the deceased was assaulted and killed by other accused. The learned counsel for the petitioner relied on the lack of specific evidence against him, while the prosecution emphasized the seriousness of the offences. After considering the submissions, the Court was not persuaded to grant bail and dismissed the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving offences under Sections 103(1) and 3(5) of the B.N.S.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- false implication
- serious offences
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21141 of 2026
Arising Out of PS. Case No.-401 Year-2025 Thana- BARH District- Patna
======================================================
Dinesh Kumar son of Maheshar Paswan Resident of village- Dalishmanchak,
Ps- Barh, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Barh
P.S. Case No. 401/2025 registered for the offences punishable
under Sections 103(1) and 3(5) of B.N.S.
3. As per the prosecution case, petitioner and others
are said to have brutally assaulted the deceased and killed him.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that there is general and omnibus allegations against
the petitioner. Learned counsel further submits that he has no
criminal antecedent and he is in custody since 30.06.2025. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.21141 of 2026(2) dt.02-04-2026
2/2
for regular bail of the petitioner on the ground that petitioner
had called the deceased and thereafter the deceased was
assaulted by other accused persons who subsequently killed
him.
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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