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Patna High Court

Dahala Thakur @ Avadesh Thakur @ Avadhesh ThakurversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Regular bail was denied to the petitioner.

Summary

The petitioner, Dahala Thakur, was charged under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly colluding with co‑accused to murder the husband of an informant and conceal the body in a toilet tank after a loan dispute. The prosecution alleged that the co‑accused had taken Rs.1.70 lakh from the informant and, when the informant’s husband attempted recovery, the accused killed him. The petitioner sought regular bail, arguing that he had been in custody since 16‑03‑2025. The court examined the seriousness of the offence, the gravity of the allegations, and the material evidence, concluding that the nature of the crime warranted denial of bail. Consequently, the bail petition was rejected, and the trial court was directed to expedite the trial within one year of receipt of the order.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner under the Bharatiya Nyaya Sanhita in view of the seriousness of the alleged murder and body disposal?

Legislation cited

Subjects

  • bail
  • murder
  • body disposal
  • loan recovery
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57531 of 2025
                        Arising Out of PS. Case No.-41 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Dahala Thakur @ Avadesh Thakur @ Avadhesh Thakur S/o Bhagwan Thakur
                 R/o Village - Bhawanipur Ward No. 3, P.S - Rangara, District- Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajendra Prasad Sah, Advocate
                 For the Opposite Party/s :       Mrs. Asha Kumari , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   04-02-2026                          Heard learned counsel for the petitioner and

                   learned A.P.Ps. for the State .

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 137(2), 140(3), 3(5) of the Bharatiya

                   Nyaya Sanhita .

                                3 . As per prosecution case, co-accused Priyanka

                   Kumari and wife of co-accused Anant Kumar had taken Rs.1.70

                   lacs from informant but she did not return the money for a year.

                   Thereafter, husband of informant, namely, Pintu Sharma went to

                   said Priyanka Kumari to recover the loan amount. In the

                   meantime, all the accused persons, in collusion to grab the loan

                   amount, killed informant’s husband and secretly disposed the

                   dead body in the toilet tank .

                                4. During investigation, one co-accused Anant Kumar
            Patna High Court CR. MISC. No.57531 of 2025(4) dt.04-02-2026
                                                        2/2




                      disclosed that this petitioner along with other co-accused

                      persons killed the husband of informant disposed of the dead

                      body in the tank of toilet.

                                   5 . Considering the seriousness and nature of

                      accusation , materials available on record and gravity of offence

                      and other circumstances of the case , the prayer of petitioner for

                      regular bail is rejected. However, since petitioner is in custody

                      since 16.03.2025 , learned Trial Court is directed to expedite

                      and conclude the trial, within the period of one year from the

                      date of receipt/production of copy of this order.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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