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Patna High Court

Dablu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                         3/3




                       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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