Patna High Court
Dahala Thakur @ Avadesh Thakur @ Avadhesh ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 137(2), 140(3), 3(5)
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
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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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