Patna High Court
Bhulai MianversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Bhulai Mian, was arrested on 15 August 2025 in connection with a murder case (FIR dated 14 August 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023. He applied for bail, claiming innocence and stating that his name was not mentioned in the FIR but was linked to the case through a confessional statement of Mahima Kumari. The State opposed bail, alleging that the petitioner had confessed, that a knife and clothing of a co‑accused were recovered from his possession, and that he has two prior criminal antecedents for which he is currently on bail. The court examined the material on record, including the alleged confession and the seriousness of the offence, and found no sufficient ground to grant bail. Consequently, the bail petition was rejected.
Issues considered
- Whether bail should be granted to the petitioner in a murder case under the Bharatiya Nyay Sanhita, 2023.
- Whether the confessional statement attributed to the petitioner is sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedents justify refusal of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- confession
- murder
- criminal antecedents
- Bharatiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85991 of 2025
Arising Out of PS. Case No.-226 Year-2025 Thana- BAGHA District- West Champaran
======================================================
Bhulai Mian S/O Late Sadik Mian R/O Village - Malpurwa, Police Station
Bagaha, District West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Heard Mr. Vijay Kr Singh No. 1, learned counsel
for the petitioner and Mr. Ashok Kumar Singh, learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
15.08.2025 in connection with Bagaha P.S. Case No. 226 of
2025, FIR dated 14.08.2025 registered for the offence under
Section 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, it is alleged
that informant was informed by daughter-in-law of his brother,
Shyamsundar Kushwaha that her father-in-law has been killed.
On this, when the informant went to the house of his brother, he
found dead body of his brother with injuries on his head. The
informant alleged that some unknown persons by means of
sharp weapon killed his brother.
Patna High Court CR. MISC. No.85991 of 2025(3) dt.30-03-2026
2/2
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and he has falsely been
implicated in this case. Petitioner is not named in the FIR and
his name transpired on the basis of confessional statement of
one Mahima Kumari and he is rotting in judicial custody since
15.08.2025.
5. Learned A.P.P. for the State, on the other hand,
havs vehemently opposed the prayer for bail of the petitioner
and submits that petitioner has confessed his guilt in the present
occurrence and on the basis of his confessional statement, one
knife and clothes of co-accused was recovered from the
possession of the petitioner and apart from that petitioner carries
two criminal antecedents in which he is on bail.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Additional Chief Judicial Magistrate, 1 st
Bagaha, West Champaran pending in the Court of Bagaha P.S.
Case No. 226 of 2025,
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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