Created by Fuzzy Cloud

Patna High Court

Paldhari RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.