Patna High Court
Dharmendra DasversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court was not inclined to enlarge the petitioner on bail.
Summary
The petitioner, Dharmendra Das, was arrested on 30 August 2025 in connection with a murder case (PS Case No. 251, 2025) and charged under Section 103(1) of the BNS, 2023. He applied for bail, claiming a clean record and that his involvement was based solely on confessional statements of himself and a co-accused, which he alleges were obtained under suspicion. The prosecution, represented by the informant and the Additional Public Prosecutor, opposed bail, emphasizing that both co-accused had confessed and that their statements led to the recovery of an iron bracelet chain, indicating the seriousness of the offence. The court examined the nature of the confessional statements, the material evidence recovered, and the risk of the petitioner absconding or tampering with evidence. Concluding that the circumstances did not justify release, the judge refused the bail application.
Issues considered
- Whether bail should be granted to the accused under Section 103(1) of the BNS, 2023 in light of confessional statements and recovered evidence.
Legislation cited
- BNS, 2023 — s. 103(1)
Subjects
- bail
- Section 103(1) BNS 2023
- confessional statement
- criminal procedure
- murder case
- evidence recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81322 of 2025
Arising Out of PS. Case No.-251 Year-2025 Thana- BELHAR District- Banka
======================================================
Dharmendra Das S/o Divakar Das Resident of Village- Bisanpur, (Das Tola),
P.S.- Belhar, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate
Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
For the Informant : Mr. Ranjan Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Subodh Kumar Jha, learned counsel for
the petitioner, Mr. Ranjan Kumar Jha, learned counsel for the
informant and Mr. Nagendra Prasad, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.08.2025 in connection with Belhar P.S. Case No. 251 of
2025, F.I.R. dated 29.08.2025 for the offences punishable under
Section 103(1) of the BNS, 2023.
3. According to prosecution case, the husband of the
informant was found dead in Prakash Yadav's field.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The petitioner is not named in the
Patna High Court CR. MISC. No.81322 of 2025(3) dt.31-01-2026
2/2
F.I.R and his name has been transpired during investigation on
the basis of self confessional statement of the petitioner and
confessional statement of co-accused Sarvesh Kumar. He further
submits that on the basis of disclosure made by the petitioner
and other accused person, iron bracelet chain has been
recovered. He further submits that although recovery has been
made but the said recovery has been made on the basis of
suspicion.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner and submits that both co-accused
persons have confessed their guilt and they have disclosed the
manner of occurrence in their confessional statement and apart
from that the confessional statement leads to recovery.
6. Considering the aforesaid facts and circumstances,
I am not inclined to enlarge the petitioner on bail in connection
with Belhar P.S. Case No. 251 of 2025 pending in the court of
learned CJM, Banka.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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