Bhola Rai @ Bhola Kumar vs The State Of Bihar on 30 August, 2025

Patna High Court – Orders

Bhola Rai @ Bhola Kumar vs The State Of Bihar on 30 August, 2025

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27678 of 2025
                       Arising Out of PS. Case No.-393 Year-2024 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Bhola Rai @ Bhola Kumar, S/o Ashok Prasad @ Ashok Prasad Yadav,
                 Resident of village-Sabalpur Chauraha, P.O.- Sonepur, P.S.-Sonepur, Dist
                 -Saran, Pin - 841101.
                                                                            ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Munna Raj, Advocate
                 For the Opposite Party/s :       Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   30-08-2025

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection

with Pirbahore P.S. Case No.393 of 2024 registered for the

offences punishable under Sections 103(1), 61(2) read with

3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).

3. The accused/petitioner is not named in the FIR

and is in custody since 23.10.2024.

4. As per FIR, some unknown persons committed

murder of the husband of informant along with named co-

accused persons against whom suspicion was raised by

informant to commit murder of her husband.

5. It is submitted by learned counsel appearing for
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petitioner that the name of petitioner transpired during course

of investigation out of confessional statement of co-accused

Damodar Rai, in furtherance of which, no incriminating

material has been recovered/surfaced during investigation as

to connect petitioner prima facie with present occurrence of

murder. It is also pointed out that different witnesses during

the course of investigation failed to disclose the name of this

petitioner and also, even the confessional statement of

apprehended co-accused person appears contradictory on

point of involvement of petitioner qua actual occurrence.

While concluding argument, it is submitted that investigation

of this case is already completed, for which, charge-sheet has

been submitted and, as such, there is no chance of tampering

with the evidence and moreover the petitioner is a man of

clean antecedent.

6. Learned APP opposed the prayer for grant of bail

to the petitioner.

7. In view of aforesaid factual submissions and by

taking note of fact as prima facie save and except suspicion

arising out of confessional statement of co-accused, nothing
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incriminating appears against this petitioner suggesting his

involvement with present crime in question, coupled with the

fact that investigation of this case is already completed,

where petitioner remains in custody since 23.10.2024,

accordingly, the petitioner, above-named, is directed to be

released 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 the learned Chief Judicial

Magistrate, Patna in connection with Pirbahore P.S. Case

No.393 of 2024, subject to the conditions as laid down under

Section 437(3) of the Code of Criminal Procedure (for short

‘CrPC‘)/under Section 480(3) of the Bhartiya Nagrik

Suraksha Sanhita (for short ‘BNSS’).

(Chandra Shekhar Jha, J.)
Sanjeet/-

U       T