Patna High Court
Bilendra Bhuiya @ Birendra Bhuiya @ ChengraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application and ordered the petitioner’s release on bail.
Summary
The petitioner, Bilendra Bhuiya, was arrested in connection with a murder case (PS Case No. 383 of 2025) and has been in custody since 30 September 2025. The prosecution alleges that unknown persons committed the murder and has charged the petitioner under Sections 140(3), 103(1), 61(2), 238 and 3(5) of the Bihar Non‑... Act (BNS). The only material linking the petitioner to the crime is a self‑inculpatory statement of co‑accused Chotu Kumar, which mentions his name; no other evidence is on record. The petitioner’s counsel highlighted that a co‑accused, Upendra Bhuiyan, had been granted bail in a related matter (Cr. Misc. No. 526 of 2026). The State opposed bail, but the Court, after considering the limited evidentiary basis, allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the only incriminating material being a co‑accused’s statement.
- Whether the addition of multiple sections of the BNS affects the grant of bail.
Subjects
- bail
- murder
- criminal procedure
- Bihar Non‑... Act
- co‑accused statement
- surety
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3509 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Bilendra Bhuiya @ Birendra Bhuiya @ Chengra S/O Ram Briksha Bhuiya
Resident of Madanpur Bhuiya Toli, Madanpur, P.S.- Madanpur, District-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rakesh Singh
For the Opposite Party/s : Mr. Madhura Nand Jha
Mr. Rajnish Ranjan
Mr. Shailesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner seeks bail in connection with
Madanpur P.S. Case No. 383 of 2025 registered for the offence
under Sections 140(3) of the BNS and under Sections 103(1),
61(2), 238, 3(5) of the BNS have been added later on.
3. As per the prosecution case, unknown criminals are
said to have committed murder of the deceased.
4. The petitioner is in custody since 30.09.2025.
5. Learned Senior counsel for the petitioner has
submitted that in the self-inculpatory statement of the co-
Patna High Court CR. MISC. No.3509 of 2026(3) dt.25-03-2026
2/2
accused Chotu Kumar, the name of the petitioner has come in
the case. He further submits that save and except the
confessional statement, nothing has come against the petitioner.
He also submits that co-accused Upendra Bhuiyan has been
granted bail by this Court in Cr. Misc. No. 526 of 2026 on
24.03.2026.
6. Learned counsel for the State and the learned
counsel for the informant have opposed the application of the
petitioner.
7. Considering the aforesaid facts, this application is
allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Aurangabad/concerned Court
below in connection with Madanpur P.S. Case No. 383 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.