Patna High Court
Dablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on condition of a Rs 10,000 bond, two sureties, a family surety, and mandatory physical presence in court.
Summary
The petitioner, Dablu Kumar, was arrested in connection with the murder of an informant's brother under Sections 103(1), 238 and 61(2) of the B.N.S. The FIR was lodged two days after the incident, and the prosecution's case rests on a vague statement from a spy and a confessional statement of a co-accused, Mithilesh Kumar, who only mentioned the petitioner's presence without attributing any role. No eye‑witnesses or weapon was recovered, and the petitioner has been in custody since 25‑06‑2025 despite the charge‑sheet being filed. The learned APP opposed bail, but the court noted the lack of substantial evidence and ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions of family surety and physical presence in court. The bail order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether bail should be granted when the prosecution evidence consists only of a spy's vague disclosure and a co‑accused's confessional statement without eye‑witnesses or recovered weapon.
- Whether the delay in lodging the FIR and the absence of substantial material justify denial of bail.
Legislation cited
- B.N.S. — s. 103(1), 238, 61(2)
Subjects
- bail
- criminal procedure
- insufficient evidence
- confessional statement
- co‑accused
- eye witness
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73332 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- RATWARA District- Madhepura
======================================================
Dablu Kumar S/o- Fuleshwar Sah @ Phuleshwar Sah R/v- Gangapur W.No-2,
Kolwara Tola Ps- Alam Nagar Ratwara Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avanish Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard Mr. Avanish Kumar Singh, the learned
counsel for the petitioner and Mrs. Rina Sinha, the learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103 (1), 238 and 61 (2) of
B.N.S.
3. As per the prosecution case, informant’s brother
was murdered by some unknown persons.
4. Learned counsel for the petitioner submits that the
First Information Report was lodged on 24.06.2025 for an
incident which took place on 22.06.2025 and no plausible
explanation has been tendered in delayed lodging of the First
Information Report. It is further submitted that the dead body of
the deceased, as per the First Information Report, was recovered
Patna High Court CR. MISC. No.73332 of 2025(4) dt.11-02-2026
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from the bushes near the house of one Ramchandra Thakur and
during the course of investigation upon the statement of a spy
that this petitioner and co-accused Mithilesh Kumar were seen
near the place of occurrence, they were taken into custody and
the said Mithilesh Kumar in his confessional statement has only
mentioned the presence of the petitioner without attributing any
role to him. It is further submitted that there is no eye witness to
the incident nor any weapon of offence has been recovered. So
far as the petitioner is concerned, the only material transpiring
against him is the vague disclosure of the spy and the
confessional statement of the co-accused which has no
evidentiary values in the eyes of law.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that no
substantial evidence has been collected against the petitioner
during the course of the investigation, there are no eye
witnesses, coupled with the fact that petitioner is in custody
since 25.06.2025 and charge sheet has already been submitted,
the above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.73332 of 2025(4) dt.11-02-2026
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learned Court below where the case is pending/successor Court
in connection with Ratwara P.S. Case No. 29 of 2025, subject to
the conditions that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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