Patna High Court
Upendra Bhuiyan @ Behra @ Upendra BhuiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Upendra Bhuiyan, applied for bail in a murder case (PS Madanpur Case No. 383 of 2025) where he was charged under Section 140(3) and later added Sections 103(1), 61(2), 238 and 3(5) of the BNS. He had been in custody since 30 September 2025. The prosecution alleged that unknown criminals committed the murder, while the petitioner’s counsel argued that a confessional statement by a co‑accused, Chotu Kumar, indicated that the petitioner only held the deceased and was not the assailant. The State opposed the bail application. The Court, after considering the statements and the lack of direct evidence against the petitioner, allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a murder case where a co‑accused’s confessional statement suggests the accused was not the assailant.
Legislation cited
- BNS — s. 103(1), 140(3), 238, 3(5), 61(2)
Subjects
- bail
- murder
- confessional statement
- criminal procedure
- Section 140(3)
- Section 103(1)
- Section 61(2)
- Section 238
- Section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.526 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Upendra Bhuiyan @ Behra @ Upendra Bhuiya S/O Late Mitar Bhuiyan R/O
Village- Bhuiyan Toli, Madanpur, P.S- Madanpur, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
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 counsel for the petitioner has submitted
that in the confessional statement of one Chotu Kumar, it has
come that the petitioner has caught hold of the deceased and he
is not the assailant of the deceased.
6. Learned counsel for the informant has opposed
Patna High Court CR. MISC. No.526 of 2026(4) dt.24-03-2026
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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 bond 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)
Vikas/-
U
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