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Patna High Court

Bhullu Rai @ Bhullu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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
                                                       3/3




                     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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