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Patna High Court

Dhananjay KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court refused to grant bail, holding that the specific and direct allegations against the petitioner warranted continued custody.

Summary

The petitioner, Dhananjay Kumar, was arrested on 15 May 2025 in connection with a murder case (P.S. Case No. 147 of 2025) under Section 103(1) of the B.N.S., 2023, alleging the death of a child named Deepika. The prosecution alleged that the petitioner had knowledge of the death and had communicated it to his brother and a villager, supported by a statement recorded in the case diary and post‑mortem findings indicating anti‑mortem injuries. The petitioner contended that he has a clean record, that the allegations are fabricated, and that the informant is not an eye‑witness, seeking bail. The State and the informant opposed bail, emphasizing the specific allegations, the recorded statement, and forensic evidence suggesting foul play. The Court, after considering the seriousness of the charge, the direct allegations, and the evidentiary material, declined to grant bail, refusing the petitioner's prayer.

Issues considered

  • Whether bail should be granted to the petitioner in a murder case under Section 103(1) of the B.N.S., 2023 given the specific allegations and available evidence.

Legislation cited

Subjects

  • bail
  • murder
  • Section 103
  • B.N.S. 2023
  • post‑mortem
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86343 of 2025
                       Arising Out of PS. Case No.-147 Year-2025 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Dhananjay Kumar S/O Late Rambriksha Yadav Resident of village- Jinda
                 Bigha, P.S.- Silao, District- Nalanda.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Premchandra Yadav, Advocate
                 For the Informant       :        Mr. Madhukar Anand, Advocate
                 For the State           :        Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   06-04-2026                      Heard Mr. Premchandra Yadav, learned counsel for

                   the petitioner, Mr. Madhukar Anand, learned counsel for the

                   Informant and Mr. Gauri Shankar Gupta, learned APP for the

                   State.

                                    2. Petitioner seeks bail, who is in custody since

                   15.05.2025, in connection with Pirbahore P.S. Case No. 147 of

                   2025, F.I.R. dated 22.02.2025 registered for the offences

                   punishable under Sections 103(1)of the B.N.S., 2023.

                                  3. The prosecution case, in brief, is that the daughter

                   of the informant was married to the petitioner in the year 2016

                   and she had a 5 year old daughter, namely, Divyanshi. On 21 st

                   June, 2025, he received a call from Ramchandra, a villager of

                   the petitioner, informing that his daughter Deepika had died but
Patna High Court CR. MISC. No.86343 of 2025(3) dt.06-04-2026
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          without providing details.           Repeated attempts to contact the

          petitioner and his wife failed, as their house was locked. When

          the police officials from Pirbahore Police Station opened the

          locked room, they found Deepika lying dead. Neighours

          disclosed that a quarrel had occurred between the petitioner and

          his wife the previous night.              On this basis, the informant

          suspects that the petitioner murdered his daughter.

                          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.

          In fact, the informant is not the eye witness of the alleged

          occurrence and merely on the basis of suspicion, the petitioner

          has been made accused in the present case.

                        5. Learned counsel for the Informant and learned

          APP for the State, on the other hand, vehemently opposed the

          prayer for bail of the petitioner and submits that the petitioner

          has knowledge about the death of the deceased and he has

          already informed his brother, namely, Anjay Kumar and he has

          informed Ramchandra Prasad Yadav and the statement of

          Ramchandra Prasad Yadav was recorded in paragraph-133 of
               Patna High Court CR. MISC. No.86343 of 2025(3) dt.06-04-2026
                                                           3/3




                         the case diary in which he has stated that the brother of the

                         petitioner has informed Ramchandra Prasad Yadav on

                         21.02.2025 itself about the death of the deceased which suggests

                         that the petitioner has knowledge about the death of the

                         deceased and he has shared the same with his brother and he has

                         shared with Ramchandra Prasad Yadav which is in paragraph-

                         133 of the case diary and apart from aforesaid from perusal of

                         the postmortem report, it appears that the time of death 24 hours

                         prior to the postmortem report examination as well as a number

                         of anti mortem injuries were found on the person of the

                         deceased.

                                       6. Considering the aforesaid facts and circumstances

                         of the case and there is specific and direct allegation against the

                         petitioner, I am not inclined to enlarge the petitioner on bail in

                         connection with Pirbahore P.S. Case No. 147 of 2025 pending

                         in the Court of learned Chief Judicial Magistrate, Patna.

                                        7. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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