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Patna High Court

Govind DasversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The bail application was denied.

Summary

Govind Das was arrested on 28 May 2025 in connection with a murder case (PS Amarpur Case No. 327 of 2025) under Section 103(1) of the B.N.S., 2023. The prosecution alleges that the informant's daughter was found dead and that the petitioner, whose name was not originally in the FIR, was later implicated based on a self‑confessional statement and the recovery of the alleged weapon. The petitioner’s counsel argued that the allegations are fabricated, that he is innocent, and that the confession was coerced. The State opposed bail, contending that the petitioner was involved in the crime and has another pending case. The Court, considering the seriousness of the offence, the confession, and the circumstances, refused the bail application.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 103(1) of the B.N.S., 2023 in view of his confession and the nature of the offence.

Legislation cited

Subjects

  • bail
  • confession
  • Section 103(1) B.N.S.
  • criminal procedure
  • judicial custody
  • murder case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91401 of 2025
                      Arising Out of PS. Case No.-327 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Govind Das S/o Raman Das @ Roman Das @ Roman Dasand Resident Of
                 Village- Ramnagar, Ps -Amarpur, Dist- Banka
                                                                    ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash Dwivedi, Advocate
                 For the Opposite Party/s :      Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   18-03-2026                  Heard Mr. Ravi Prakash Dwivedi, learned counsel for

                   the petitioner and Mr. Md. Shakir Ahmad, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   28.05.2025 in connection with Amarpur P.S. Case No. 327 of

                   2025, F.I.R. dated 08.05.2025 for the offences punishable under

                   Section 103(1) of the B.N.S., 2023.

                                3. According to prosecution case, the informant's

                   daughter was found dead in the field of Mohan Das and the

                   informant suspects that her daughter was killed by some

                   unknown person.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation as alleged in the FIR is false and

                   fabricated and the petitioner has not committed any offence as

                   alleged in the FIR. The petitioner is not named in the FIR. The
            Patna High Court CR. MISC. No.91401 of 2025(3) dt.18-03-2026
                                                        2/2




                      name of the petitioner has been transpired during investigation

                      on the basis of the self-confessional statement of the petitioner

                      before the Police. Thereafter the weapon used in the present

                      crime in question has been recovered and the petitioner has also

                      confessed his guilt and he has corroborate the manner of

                      occurrence in his statement. He further submits that the

                      petitioner is in judicial custody since 28.05.2025.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail of the petitioner and submits that petitioner

                      was involved in the present crime in question apart from

                      aforesaid, petitioner carries one more case other than present

                      one.

                                   6. Considering the aforesaid facts and circumstances

                      and nature of allegation attributed against the petitioner as

                      alleged in the FIR, I am not inclined to enlarge the petitioner on

                      bail in connection with Amarpur P.S. Case No. 327 of 2025,

                      pending in the court of learned Chief Judicial Magistrate,

                      Banka.

                                   7. Prayer is refused.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-
U       T


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