Patna High Court
Dilip RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioner was not named in the FIR, the sole evidence was a co‑accused’s confession, and he has a clean antecedent, rendering continued detention unjustified.
Summary
Dilip Rai, arrested on 3 July 2025 in connection with a 2004 dacoity case (Section 395 IPC), sought bail. The FIR did not name him; his alleged involvement was inferred solely from a co‑accused’s confessional statement, with no other material or identification parade conducted. The petitioner asserted a clean antecedent and claimed false implication. The court noted the lack of direct evidence, the reliance on a co‑accused’s confession, and the petitioner’s clean record, and therefore granted bail on a Rs.10,000 bond with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner accordingly.
Issues considered
- Whether bail should be granted when the FIR does not name the accused and the only incriminating material is a co‑accused’s confession.
- Whether the petitioner’s clean antecedent and absence of an identification parade justify bail.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- Section 395 IPC
- clean antecedent
- identification parade
- co‑accused confession
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77473 of 2025
Arising Out of PS. Case No.-145 Year-2004 Thana- MANER District- Patna
======================================================
Dilip Rai S/o Late Sahdev Rai, R/o Village- Sherpur, Rampur, P.S. Maner,
District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Shankar Das, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Ram Shankar Das, learned counsel for
the petitioner and Mr. Upendra Kumar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
03.07.2025, in connection with Maner P.S. Case No. 145 of
2004, F.I.R. dated 21.12.2004 registered for the offences
punishable under Section 395 of the Indian Penal Code.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.77473 of 2025(3) dt.21-01-2026
2/3
It appears from the F.I.R. that the petitioner is not named in the
F.I.R. and the name of the petitioner has been transpired during
investigation on the basis of confessional statement of co-
accused person namely Dilip Kumar and except the aforesaid,
no other cogent material has come during investigation to
suggest the involvement of the petitioner in the present
occurrence and till date no test identification parade was
conducted by the prosecution. He further submits that the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 03.07.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
petitioner is not named in the F.I.R. and the name of the
petitioner has been transpired on the basis of confessional
statement of co-accused person, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1 st Class,
Danapur, Patna in connection with Maner P.S. Case No. 145 of
Patna High Court CR. MISC. No.77473 of 2025(3) dt.21-01-2026
3/3
2004, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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