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Patna High Court

Dippu Kumar @ Dippu YadavversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied as the confessional statements and corroborating evidence established sufficient grounds to keep the petitioner in custody.

Summary

Dippu Kumar, accused of murder under Sections 103(1), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, applied for bail after being in custody since 18 October 2025. The prosecution alleged that he, along with co‑accused, murdered the informant's son and presented statements from co‑accused and a confession by the petitioner himself. The petitioner contended that he was falsely implicated, not named in the FIR, and that no material other than the co‑accused's statements linked him to the crime. The court examined the confessional statements and found them sufficient to deny bail. Consequently, the bail petition was refused.

Issues considered

  • Whether bail should be granted to the petitioner in light of the confessional statements and other evidence.
  • Whether the petitioner’s claim of false implication and lack of FIR mention is sufficient to merit bail.

Legislation cited

Subjects

  • bail
  • murder
  • confession
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9722 of 2026
                    Arising Out of PS. Case No.-269 Year-2025 Thana- PARASBIGHA District- Jehanabad
                 ======================================================
                 Dippu Kumar @ Dippu Yadav Son of Dinesh Yadav Resident of Village -
                 Brahmsthan, P.S. - Sakurabad, Dist. - Jehanabad.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nityanand Neeraj, Advocate
                                                  Ms. Kumari Anjani Sinha, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 For the Informant        :       Mr. Piyush Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                    Heard Mr. Nityanand Neeraj, learned counsel for the

                   petitioner, Mr. Piyush Kumar Pandey, learned counsel for the

                   informant and Mr. Binod Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   18.10.2025 in connection with Parasbigha P.S. Case No. 269 of

                   2025, F.I.R. dated 13.10.2025 for the offences punishable under

                   Sections 103(1), 61(2) and 3(5) of the BNS, 2023.

                                3. According to prosecution case, this petitioner along

                   with other accused persons have murdered the son of the

                   informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that the petitioner is not named
            Patna High Court CR. MISC. No.9722 of 2026(3) dt.02-04-2026
                                                        2/2




                      in the FIR and his name has been transpired during investigation

                      on the basis of the confessional statement of the co-accused,

                      namely, Uttam Kumar and except the aforesaid, no other cogent

                      material has come during investigation which suggest the

                      involvement of the petitioner in the present occurrence.

                                  5. Learned counsel for the informant as well as learned

                      Additional Public Prosecutor have vehemently opposed the

                      prayer for bail of the petitioner and submits that the statement of

                      Uttam Kumar has been recorded in which he has stated that the

                      petitioner was involved in the present crime in question. Apart

                      from that the co-accused, Pramod Kumar has confessed his guilt

                      in the present occurrence and also stated that the petitioner has

                      fired upon the victim. Thereafter, the petitioner himself

                      confessed his guilt that he has fired upon the victim.

                                   6. Considering the aforesaid facts and circumstances,

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

                      with Parasbigha P.S. Case No. 269 of 2025 pending in the court

                      of learned Judicial Magistrate 1st Class, Jehanabad.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T


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