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Patna High Court

Dilkhus Kumar @ DilwaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the material on record was insufficient to justify pre‑arrest bail and therefore dismissed the application.

Summary

The petitioner, Dilkhus Kumar, applied for pre‑arrest bail in a murder case registered under Sections 103(1) and 3(5) of the B.N.S. The only incriminating material against him was a confessional statement of co‑accused Sajan Kumar and call‑detail records showing four calls between Sajan’s phone and a number allegedly used by the petitioner on the date of the alleged murder. The petitioner argued that the mobile number was not registered in his name and that there was no prior contact, asserting a clean antecedent. The State contended that the repeated contact on the day of the offence indicated complicity and opposed bail. The court found that the evidence was circumstantial, not conclusive, and that the investigation was still ongoing, thus pre‑arrest bail could not be granted. The court directed the petitioner to surrender before the District Court and seek regular bail, and dismissed the pre‑arrest bail application.

Issues considered

  • Can pre‑arrest bail be granted when the only evidence is a co‑accused’s confessional statement and limited CDR data?
  • Does telephonic contact on the date of the alleged offence establish sufficient grounds for pre‑arrest bail denial?
  • Is the lack of prior contact and the mobile number not being registered in the petitioner’s name sufficient to create reasonable doubt?

Legislation cited

Subjects

  • pre‑arrest bail
  • confessional statement
  • call detail records
  • circumstantial evidence
  • investigation
  • bail discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68608 of 2025
                       Arising Out of PS. Case No.-62 Year-2025 Thana- Chhaudahi District- Begusarai
                 ======================================================
                 Dilkhus Kumar @ Dilwa S/O Rambabu Yadav Resident of Village- Rajapur,
                 Police Station- Garhpura, District- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Pratik, Advocate
                 For the Informant         :        Ms. Shrishti Rani, Advocate
                 For the State             :        Mr. Satyendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   20-02-2026                      Heard Mr. Pratik, learned counsel appearing on

                   behalf of the petitioner; Mr. Satyendra Prasad, learned APP for

                   the State and Ms. Shrishti Rani, learned counsel for the

                   informant.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Chhaurahi P.S. Case No. 62 of 2025, registered for the

                   offence punishable under Sections 103(1) and 3(5) of the B.N.S.

                                 3. Learned counsel appearing on behalf of the

                   petitioner submitted that the name of the petitioner has surfaced

                   on the basis of confessional statement of one co-accused Sajan

                   Kumar, from whose possession mobile phone bearing no.

                   9507030517 was recovered, which C.D.R. report confirms that

                   the said Sajan Kumar was in contact with the deceased, whose
Patna High Court CR. MISC. No.68608 of 2025(4) dt.20-02-2026
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          mobile phone number is 6200415144. He further submitted that

          save and except the confessional statement of co-accused Sajan

          Kumar, nothing has been collected in course of investigation

          against the petitioner. The C.D.R. report of the mobile phone of

          the co-accused Sajan Kumar reflects that he was in contact with

          the petitioner's mobile phone no. 7009705040 four time on the

          alleged date of commission of murder i.e. on 05.06.2025 but the

          same doesn't reflects that petitioner was in contact with him

          anytime before the alleged date of commission of offence. There

          is no specific material on record to demonstrate that the said

          mobile number, which is not registered in the name of the

          petitioner, was being used by the petitioner. Petitioner has clean

          antecedent. On these grounds, petitioner seeks to be released on

          pre-arrest bail.

                       4. Per contra, learned A.P.P. appearing on behalf of

          the State vehemently opposed the prayer for grant of pre-arrest

          bail to the petitioner and referring to paragraph no. 54 of the

          case diary submitted that the name of the petitioner has surfaced

          on the basis of confessional statement of co-accused Sajan

          Kumar, who was in contact with the petitioner regularly on the

          date of alleged commission of murder i.e. on 05.06.2025 and the

          same is supported by their C.D.R. report mentioned at paragraph
Patna High Court CR. MISC. No.68608 of 2025(4) dt.20-02-2026
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          no. 162 of the case diary. He further submitted that petitioner

          has not made out a case to be released on pre-arrest bail.

                       5. Adopting the argument of the learned A.P.P.,

          learned counsel for the informant submitted that there are

          materials, which have come against the petitioner and

          petitioner's complicity cannot be denied in the commission of

          alleged murder.

                       6. Having heard the rival submissions made on behalf

          of the parties and upon perusal of the allegations made in the

          FIR, as well as the case diary, it appears that certain materials

          have surfaced against the petitioner during the course of

          investigation that on the alleged date of commission of murder

          i.e. on 05.06.2025, the petitioner was in repeated telephonic

          contact with the co-accused, Sajan Kumar on his mobile phone

          bearing no. 9507030517.However, it is not clearly established

          whether the mobile phone bearing No. 7009705040, which is

          alleged to have been used by the petitioner, can conclusively

          linked him with crime. The Investigating Officer has not been

          able to collect any Call Detail Records (CDR) indicating that

          prior to the alleged date of occurrence, the petitioner was in

          contact with the co-accused, Sajan Kumar.However, in the absence

          of cogent and reliable material collected during the course of
              Patna High Court CR. MISC. No.68608 of 2025(4) dt.20-02-2026
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                        investigation, which is still ongoing, it would be premature to

                        conclude, solely on the basis of circumstantial evidence, that the

                        petitioner has made out a case for grant of pre-arrest bail.

                                     7. However, the petitioner,             if so advised, may

                        surrender before the learned District Court and seek regular bail.

                        In that case, the learned District Court is directed to consider his

                        bail application on the same day and pass necessary order on

                        the basis of material collected in course of investigation, as well

                        as, considering the settled principle of law that on mere

                        suspicion, the petitioner has been made accused in the present

                        case, whose name has surfaced on the basis of confessional

                        statement made by co-accused.

                                     8. Accordingly, the present bail application stands

                        disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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