Patna High Court
Bhullu Rai @ Bhullu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court denied bail to the petitioner, holding that the seriousness of the allegations warranted continued custody.
Summary
The petitioner, Bhullu Rai, applied for regular bail in a case registered under Sections 103, 61(2) and 3(5) of the Bihar Narcotic Substances Act, alleging that she was falsely implicated in the death of a child. The informant, the child's mother, claimed that the petitioner had pressured her to marry him, taken away the child, and that the child was subsequently found dead. The petitioner argued that the FIR was lodged after the post‑mortem and inquest, suggesting a fabricated charge, and highlighted her own custodial status since November 2024. The State opposed bail, emphasizing the seriousness of the allegations and the informant’s direct accusations. After considering the submissions, the Court declined to grant bail, rejecting the petitioner's request.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged kidnapping and homicide under the Bihar Narcotic Substances Act.
- Whether the timing of the FIR and the alleged conduct of the informant justify a denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 3(5), 61(2)
Subjects
- bail
- false implication
- child death
- murder
- Bihar Narcotic Substances Act
- criminal procedure
- FIR timing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48941 of 2025
Arising Out of PS. Case No.-315 Year-2024 Thana- RAGHOPUR District- Vaishali
======================================================
Bhullu Rai @ Bhullu Kumar S/o Lala Rai @ Lal Babu Ray R/O Village -
Hematpur, PS - Rustampur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Soni Kumari, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 24-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 103, 61(2) and 3(5) of the
BNS.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
in custody since 11.11.2024 and the informant alleges that her
husband was sent to judicial custody in some case as such she
was staying with her child and petitioner, being friend of her
husband, used to visit her and even started pressurizing her to
marry him and when the informant refused he forcefully took
her child away. Further, when she requested the petitioner to
return her child, he started pressurizing that if she will not marry
him the child would be killed. It is next alleged that the dead
Patna High Court CR. MISC. No.48941 of 2025(3) dt.24-02-2026
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body of the child was found on 09.11.2024, thus, alleges that
petitioner committed the occurrence.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is further submitted that
from perusal of the allegation as alleged in the FIR, it would
manifest that informant alleges that dead body of the child was
found on 09.11.2024 but then the FIR came to be instituted on
10.11.2024 at 02:10 p.m. but prior to that the inquest and
postmortem of the deceased was conducted. It is thus submitted
that thereafter the informant instituted the instant case.
5. Learned A.P.P. for the State vehemently opposes
the prayer for regular bail of the petitioner and submits that the
informant, being mother, has specifically alleged that after her
husband was sent to judicial custody, the petitioner being his
friend used to visit her and pressurized her to marry him and
when she refused the petitioner took the child away and finally
the dead body of the child was found. It is thus submitted that
no mother would try to falsely implicate a person knowing that
he was not involved in the occurrence. It is further submitted
that informant may not be an eyewitness to the occurrence but
then specific allegation is that petitioner had taken away her
Patna High Court CR. MISC. No.48941 of 2025(3) dt.24-02-2026
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child.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to release the
petitioner on bail in connection with Raghopur P.S. Case No.
315 of 2024 pending in the Court of learned 15 th Additional
Chief Judicial Magistrate, City Court, Patna/Successor Court.
7. Hence, the prayer for bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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