Created by Fuzzy Cloud

Patna High Court

Daya Nand Kumar @ Daya Nand RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.