Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners.
Summary
Dilip Kumar and Nitish Kumar were arrested in connection with a murder case (Dandari P.S. Case No. 109 of 2025) under Sections 103(1) and 3(5) of the BNS. Both have been in custody since August 2025. Their counsel argued that they are innocent, citing a statement by co‑accused Vishal Kumar that the petitioners were merely called by the deceased and that no incriminating material has been recorded against them. The court examined the lack of substantive evidence linking the petitioners to the offence and the co‑accused’s testimony suggesting false implication. Finding the petitioners’ claim credible and the prosecution’s case weak, the court granted bail. The bail order required a bond of Rs. 10,000 with two sureties and mandated the petitioners’ cooperation with the trial proceedings. Non‑compliance would lead to cancellation of the bail.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 103(1) and 3(5) of the BNS given the alleged lack of material evidence.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- murder
- false implication
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7895 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- DANDARI District- Begusarai
======================================================
1. Dilip Kumar S/O Mantun Yadav @ Mantoon Yadav R/O Village - Tetri,
Ward No.- 7, P.S- Dandari, District- Begusarai
2. Nitish Kumar S/O Naresh Yadav R/O Village - Tetri, Ward No.- 7, P.S-
Dandari, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Dandari P.S. Case No. 109 of 2025 registered for the offence
under Sections 103(1), 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
accused of killing the deceased.
4. The petitioner no. 01 is in custody since
27.08.2025 and the petitioner no. 02 is in custody since
18.08.2025.
5. Learned counsel for the petitioners submits that
the petitioners are innocent and they have falsely been
implicated in this case. He further submits that one co-accused
namely Vishal Kumar has said that he has called the deceased
saying that the petitioners were calling him and thereafter on the
next day, the dead body of the deceased was found and only
Patna High Court CR. MISC. No.7895 of 2026(3) dt.26-03-2026
2/2
because of this the name of the petitioners has transpired in this
case. He further submits that no material has come in the case
diary against the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, 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 concerned Court below in connection with Dandari P.S.
Case No. 109 of 2025.
8. As a condition of this order, the petitioners, after
being released on bail, are directed to co-operate in the trial
either by appearing personally or through their 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 petitioners.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…