Patna High Court
Vidya Nand RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail could not be granted as the petitioner’s alleged involvement was substantiated by the co‑accused’s statement and the seriousness of the offence.
Summary
The petitioner, Vidya Nand Ram, was arrested in connection with a murder alleged to have occurred after he allegedly stabbed the deceased, as narrated in the confessional statement of co‑accused Bucchi Devi. The petitioner, claiming a clean antecedent and that the statement is unreliable due to darkness and contradictions, applied for regular bail under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023. The State opposed bail, contending that the murder is undisputed and the co‑accused’s statement provides a vivid description of the petitioner’s involvement. After hearing both sides, the Court found the statement sufficient to infer the petitioner’s participation and considered the seriousness of the offence. Consequently, the Court refused to grant bail, rejecting the regular bail application.
Issues considered
- Whether the petitioner is entitled to regular bail in a murder case under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the confessional statement of co‑accused Bucchi Devi is reliable and sufficient to deny bail.
- Whether the seriousness of the alleged offence justifies the denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238
Subjects
- bail
- murder
- confessional statement
- Bharatiya Nyaya Sanhita
- Section 103
- Section 238
- high court
- Patna
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91481 of 2025
Arising Out of PS. Case No.-389 Year-2024 Thana- RAJNAGAR District- Madhubani
======================================================
Vidya Nand Ram S/o- Ram Kripal Ram Resident of Village- Chandradhi,
Police Station- Khajauli, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Md Soban Asghar
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 01-05-2026 1. Heard learned Senior counsel for the petitioner, Mr.
N.K. Agrawal and learned A.P.P. for the State, Mr. Rabindra
Kumar.
2. The petitioner seeks bail in connection with
Rajnagar P.S. Case No. 389 of 2024 registered for the offences
punishable under Sections 103(1) and 238 of the Bharatiya Nyaya
Sanhita, 2023.
3. Learned Senior counsel for the petitioner submits
that petitioner is a person with clean antecedent and is in custody
since 03.06.2025. It is next submitted that the informant alleges
that a dead body with mark of injury was recovered on
information from a bush near a canal, accordingly the FIR was
instituted against unknown.
4. The learned Senior counsel for the petitioner next
submits that during the course of investigation, one Bucchi Devi
Patna High Court CR. MISC. No.91481 of 2025(3) dt.01-05-2026
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was arrested and she, in her statement, disclosed that she was
approached by the petitioner and he disclosed that the deceased is
creating problem for his sister, as such, he intends to remove him
from the scene, based on which Bucchi Devi got in contact with
the deceased and thereafter called him in a fair and informed the
accused persons and thereafter the accused persons including the
petitioner, Rishi Kumar Ram along with others came at the place
of occurrence and thereafter petitioner stabbed the deceased to
death.
5. The learned Senior counsel submits that petitioner
has been falsely implicated in the instant case during the course
of investigation based on confessional statement of Bucchi Devi.
It is submitted that statement of Bucchi Devi is part of FIR and
from perusal of the same, it would manifest that apart from what
has been recorded hereinabove, Bucchi Devi also said that she
was present at the place of occurrence when petitioner snatched
the mobile of the deceased and the accused persons started
assaulting him and thereafter petitioner asked her to leave the
place of occurrence and thereafter the accused persons including
the petitioner dashed the deceased on ground and petitioner took
out a knife from his waist and started assaulting him on which
deceased started raising alarm, but on account of darkness, she
was not able to see anything, it is thus submitted that the
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statement of Bucchi Devi is not inspiring confidence for the
reason that she herself stated that petitioner asked her to leave the
place of occurrence, but thereafter she states that she saw the
accused assaulting the deceased, further she also states that on
account of darkness, she was not able to see anything properly, as
such, it might be a possibility that petitioner did not stab the
deceased.
6. Learned A.P.P. for the State, Mr. Rabindra Kumar,
vehemently opposes the regular bail application of the petitioner
and submits that what is not disputed rather stands admitted is
that Sanjay died on account of assault by knife and the FIR was
against unknown and the name of the petitioner transpired in the
confessional statement of Bucchi Devi and she has given a vivid
description of the entire occurrence.
7. After hearing the learned counsel for the parties, the
Court is not inclined to release the petitioner on bail.
8. Accordingly, the instant regular bail application
stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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