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Patna High Court

Vidya Nand RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
            Patna High Court CR. MISC. No.91481 of 2025(3) dt.01-05-2026
                                                        3/3




                      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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