Patna High Court
Daya Nand Kumar @ Daya Nand RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted regular bail to the petitioner.
Summary
The petitioner, Daya Nand Kumar, was arrested in connection with a murder case (Maner P.S. Case No. 274 of 2024) and charged under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. He applied for regular bail, claiming an alibi that he was in Delhi at the time of the incident and that the matter stemmed from a family dispute. The trial court had earlier rejected his bail application pending verification of the alibi, but the Senior Superintendent of Police later submitted a report supporting the alibi and noting that charges had not yet been framed. Considering the petitioner’s prolonged custody since 4‑August‑2024 and the delay in the trial, the High Court allowed the bail application. The court ordered his release on a bail bond of Rs. 10,000 with two sureties and imposed a condition that he cooperate with the trial proceedings.
Issues considered
- What is the appropriate bail disposition for an accused charged with murder, criminal conspiracy, and a weapons offence when an alibi is substantiated and the trial has been delayed?
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- arms act
- alibi
- trial delay
- regular bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70569 of 2025
Arising Out of PS. Case No.-274 Year-2024 Thana- MANER District- Patna
======================================================
Daya Nand Kumar @ Daya Nand Ray S/o Lal Saheb Ray R/o Village - Hira
Tola (Brahamchari Pokhara), Sherpur, P.S - Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Bhanu Pratap Singh
For the Informant : Mr. Shambhu Narayan Singh
Mr. Suraj Kumar Tiwari.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Maner P.S. Case No. 274 of
2024 registered for the offence under Sections 302, 120(B)/34
of the Indian Penal Code and under Section 27 of the Arms Act.
Heard learned counsel for the petitioner and learned APP for the
State.
3. The following order was passed in this case on
7.11.2025:-
Heard the learned Senior counsel for the
petitioner, learned APP for the State and the
learned counsel for the informant.
2. The following order was passed on 02.07.2025
in Cr. Misc. No. 19056 of 2025:-
Patna High Court CR. MISC. No.70569 of 2025(4) dt.19-02-2026
2/4
Re-Cr. Misc. No. 19506 of 2025
10. Heard the learned senior counsel
for the petitioner, learned counsel for the
informant and learned counsel for the State.
11. The petitioner seeks bail in
connection with Maner P.S. Case No. 274 of
2024 registered for the offence under Section
302, 120(B)/34 of the Indian Penal Code
and under Section 27 of the Arms Act.
12. As per the prosecution case, the
petitioner is one of the assailant of the
deceased.
13. Learned senior counsel for the
petitioner has submitted that the petitioner is
a government servant and was present in his
office in Delhi but this alibi has not been
verified by the I.O. of the case though the
application was filed before him and the
same has also been mentioned in paragraph
39 of the case diary.
14. The petitioner is in custody since
4.8.2024.
15. The prayer of the petitioner is
rejected for the present because of the
allegations levelled against him but the
Senior Superintendent of Police, Patna is
directed to get the alibi of the petitioner
verified properly with six weeks after
starting further investigation as charge-sheet
has been submitted in this case.
Patna High Court CR. MISC. No.70569 of 2025(4) dt.19-02-2026
3/4
16. Let a copy of this order be
communicated to the Senior Superintendent
of Police, Patna through FAX for its
compliance.
3. The learned Senior Counsel for the petitioner
has submitted that the report of alibi has been
submitted by the Senior Superintendent of Police,
Patna in the High Court.
4. The office is directed to trace the report and
attach it with the records.
5. Re-list this case after two weeks.
4. Pursuant to the aforesaid order, the
supplementary counter affidavit has been filed and on perusal of
the same, it appears that the petitioner was in Delhi around the
date of occurrence and it appears to be a family dispute. The
petitioner is in custody since 4.8.2024 and in the trial even
charges have not been framed.
5. Considering the period of custody of the
petitioner and the delay in the trial, this application is allowed.
6. 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 Judicial Magistrate, 1st Class, Danapur/concerned
Court below in connection Maner P.S. Case No. 274 of 2024.
7. As a condition of this order, the petitioner, after
Patna High Court CR. MISC. No.70569 of 2025(4) dt.19-02-2026
4/4
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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