Patna High Court
Paldhari RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was granted as there was no material evidence connecting the petitioners to the crime beyond the co‑accused’s confessional statement.
Summary
The petitioners, Ankit Kumar and Paldhari Rai, were arrested in connection with a murder case (PS Case No.131/2025) alleging the death of Md. Aslam, the informant’s son. The prosecution’s case relied primarily on the confessional statement of co‑accused Amresh Kumar, who implicated the petitioners, while no other material evidence or the murder weapon was produced. The petitioners argued they were innocent, had clean antecedents, and had been in custody since August 2025, seeking regular bail. The State opposed the bail, asserting the petitioners participated in a conspiracy to kill the informant’s son. The Court, after considering the submissions, found that apart from the co‑accused’s statement there was no substantive evidence linking the petitioners to the crime and therefore granted regular bail. The bail was ordered on the condition of a Rs.10,000 bond with two sureties each, subject to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether regular bail should be granted to the petitioners when the only evidence against them is the confessional statement of a co‑accused.
- Whether the absence of the murder weapon and other material evidence warrants denial of bail.
Legislation cited
- B.N.S. — s. 103(1), 137(2), 140(1), 140(3), 238, 61(2)
Subjects
- bail
- regular bail
- confessional statement
- co‑accused
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.394 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
Ankit Kumar S/O Ajeet Kumar @ Ajit Kumar Resident of Village-
Bharathpatti, P.S. -Hathauri, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2855 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
Paldhari Rai S/o Late Adbhud Rai @ Ambud Rai Resident of Village- Ekma,
Ward No. 11, P.S.- Hathauri, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 394 of 2026)
For the Petitioner/s : Mr.Birendra Kumar, Adv.
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
(In CRIMINAL MISCELLANEOUS No. 2855 of 2026)
For the Petitioner/s : Mr.Ashish Kumar Singh, Adv.
For the Opposite Party/s : Ms.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioners seek bail in connection with
Hathauri P.S. Case No. 131/2025 registered for the offences
punishable under Sections 137(2), 140(3) of B.N.S. and later on
Patna High Court CR. MISC. No.394 of 2026(4) dt.24-03-2026
2/3
Sections 140(1), 103(1), 238, 61(2) of B.N.S. were added.
3. As per the prosecution case, the informant alleged
that her son Md. Aslam (23 years) on his HF Deluxe motorcycle
after going to village Basant, he never returned.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present cases. Learned counsel further submits that the name of
the petitioners have come in the statement of co-accused
Amresh Kumar and except the confessional statement, there is
no material against the petitioners. Amresh Kumar, on whose
statement, the petitioners have been arrested has been granted
bail by a Co-ordinate Bench of this Court vide order dated
10.03.2026 passed in Cr. Misc. No. 15072/2026. Petitioners
have clean antecedent and they are in custody since 09.08.2025.
The petitioners undertakes to co-operate in the case/ trial.
5. Learned counsel for the informant and learned APP
for the State have jointly opposed the prayer for regular bail of
the petitioners and submitted that only son of the informant has
been killed by the petitioners in a conspiracy and the petitioners
have participated in the killing of the deceased.
6. Considering the submissions of the parties and
except for the confessional statement of the co-accused Amresh
Patna High Court CR. MISC. No.394 of 2026(4) dt.24-03-2026
3/3
Kumar, there is no material to connect the petitioners with the
crime and the murder weapon has also not been recovered, these
applications for regular bail are allowed.
7. Accordingly, let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class,
Muzaffarpur, East /concerned Court below in connection with
Hathauri P.S. Case No. 131/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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