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Patna High Court

Bablu Kumar @ Bablu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Bablu Kumar, was charged under Sections 329(3), 352, 103(1), 238 and 3(5) of the B.N.S. for allegedly abducting and murdering Chhotu Mahto. The prosecution alleged that the petitioner lured the victim, later reported his death, and had previously fired gunshots to intimidate villagers. The petitioner argued that the allegations were false, there were no eyewitnesses, only a confessional statement, and he had no prior criminal record. The State opposed bail, citing strong suspicion and the seriousness of the offences. Considering the lack of substantive evidence beyond the confessional statement, the petitioner’s clean record, and the length of custody, the court ordered regular bail on a bond of Rs.10,000 with two sureties. The application for bail was allowed.

Issues considered

  • Whether regular bail can be granted in a case involving murder and other serious offences when the only evidence is a confessional statement.
  • Whether the absence of eyewitness testimony and the petitioner’s clean criminal record justify bail.
  • Whether the prosecution’s suspicion alone is sufficient to deny bail.

Legislation cited

  • B.N.S. — s. 103(1), 238, 329(3), 3(5), 352

Subjects

  • bail
  • murder
  • confessional statement
  • criminal antecedent
  • serious offences
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90790 of 2025
                      Arising Out of PS. Case No.-312 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Bablu Kumar @ Bablu Yadav S/O Ashok Rai @ Ashok Roy R/O Village-
                 Jamalpur, P.S- Gaurichak, Distt.- Patna.
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Shankar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Dr. Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Gaurichak P.S. Case No.

                   312 of 2025 dated 27.05.2025 registered for the offences

                   punishable under Section 329(3), 352, 103(1), 238 and 3(5) of

                   B.N.S.

                                3. As per the prosecution case, the deceased, husband

                   of the informant, namely, Chhotu Mahto, was tractor driver of

                   one Rajan Singh and also used to help in harvest wheat crops by

                   thresher, there was dues lying to the deceased since last one year

                   as regards his remunerations, the said amount was not paid. It is

                   alleged that on 24.05.2025 at about 05:00 PM, this petitioner

                   came at her house and asked her husband to accompany him to

                   go to the home of Rajan Singh and also promise that he would
Patna High Court CR. MISC. No.90790 of 2025(3) dt.19-03-2026
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          facilitate the payment of his arrears. Mobile of the informant’s

          husband was switched off, when the informant contacted the

          wife of Rajan Singh on mobile then she abused and switched off

          her mobile phone. It is further alleged that on 25.05.2025 at

          about 12:10 PM, this petitioner was pretending to go in the

          maize field of Ashok Rai and then telephoned that someone has

          thrown Chhotu Mahto in the field after killing, upon which she

          along with her family members and villagers went there and

          found that the dead body of her husband lying there. Moreover,

          on 23.05.2025, this petitioner has fired gunshots in the air near

          her house which was seen and heard by villagers.

                       4. Learned counsel for the petitioner submits that the

          allegation appears to be false from the facts emerging from the

          FIR itself had there been a firing made on 23.05.2025 by the

          petitioner to terrorize and subsequently the deceased went with

          this petitioner on 24.05.2025 and the factum of recovery of dead

          body having been informed by the petitioner on 25.05.2025

          there was no occasion to file the case belatedly after two days.

          Moreover, there is no eye-witness to the alleged occurrence of

          murder and except the confessional statement as recorded in

          paragraph 106 of the case diary, there is no material against the

          petitioner. It has further been submitted that had there been a
           Patna High Court CR. MISC. No.90790 of 2025(3) dt.19-03-2026
                                                       3/3




                     previous dispute and motive with the petitioner, the informant

                     would not have let go the deceased along with this petitioner.

                     The petitioner is in custody since 12.09.2025 and has got no

                     criminal antecedent.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail and submitted that this petitioner has

                     taken the deceased along with him and subsequently he was last

                     seen with the deceased, thereafter his dead body was recovered

                     and there are strong suspicion against the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and also the fact that except confessional statement

                     of this petitioner, there is nothing against him, considering the

                     period of custody and having no criminal antecedent, the

                     petitioner above-named, is directed to be enlarged 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 Court concerned, Patna City, in connection with

                     Gaurichak P.S. Case No. 312 of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-
U      T


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