Patna High Court
Dhannu Pal @ Dhanu PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
Dhannu Pal applied for regular bail in a case registered under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita concerning the death of an informant's father‑in‑law. The petitioner was not named in the FIR; his alleged involvement emerged only from a co‑accused’s confessional statement, and no other material linked him to the crime. He has a clean antecedent and has been in custody since 30‑05‑2025, with a charge‑sheet already filed. The State and the informant opposed bail, citing the seriousness of the offences. The Court, considering the lack of direct evidence, the petitioner’s clean record and the length of custody, granted bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita.
- Whether the confessional statement of a co‑accused alone suffices to justify continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- confessional statement
- co‑accused
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5039 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- BEN P.S. District- Nalanda
======================================================
Dhannu Pal @ Dhanu Pal S/O Chhotan Pal Resident of Village- Lakaiyapar,
PS- Ben, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binit Kumar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P.
For the Informant : Mr. Satyendra Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Ben
P. S. Case No. 28 of 2025 registered for the offences punishable
under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, informant’s father-in-law
went to the market but did not return and later on, his dead body
was recovered.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. and his name transpired
during investigation in confessional statement of co-accused.
Save and except confessional statement of co-accused there is
Patna High Court CR. MISC. No.5039 of 2026(3) dt.10-04-2026
2/2
no material against this petitioner which show his complicity in
the alleged occurrence. Petitioner claims clean antecedent and is
in custody since 30.05.2025. Charge-sheet has already been
submitted.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned District & Additional Sessions Judge 2nd,
Biharsharif, Nalanda in connection with Ben P. S. Case No. 28
of 2025 corresponding to S.Tr. No. 824 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…