Phuldeo Kumar @ Phuldeo Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19747 of 2026 Arising Out of PS. Case No.-323 Year-2025 Thana- MINAPUR District- Muzaffarpur ====================================================== Phuldeo Kumar @ Phuldeo Sahni Son of Anandi Sahni @ Anandi Sahani Resident of Village - Bahadurpur, P.S.- Minapur (Panapur O.P.), District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the State :
Mr. Shantanu Kumar, APP For the Informant :
Mr. Krishna Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Minapur (Panapur OP) P.S. Case no. 323 of 2025 registered under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that in the morning of 3.8.2025, he received information that his father was missing and was not to be found. On search, his dead body was recovered some distance away in the river. Postmortem was conducted. It is further stated that unknown accused persons had committed the crime.
4. Learned counsel for the petitioner submits that the FIR was registered against unknown. There is no eyewitness to the
Patna High Court CR. MISC. No.19747 of 2026(3) dt.07-05-2026 2/3 occurrence. The petitioner was falsely implicated in the case in course of investigation on an alleged confessional statement made by the petitioner before the police which is inadmissible. It is submitted that contrary to the allegations, no incriminating article has been recovered from the petitioner's possession nor can the said rod be said to be confirmed as the murder weapon. The petitioner is in custody since 24.8.2025 and undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that in course of investigation, on the information provided by the spy, the petitioner was questioned and he confessed to having committed the crime. It is the confession which lead to the recovery of the murder weapon which is an iron rod and the contents of the confession corroborate the findings in the post-mortem report.
6. In response, it is submitted by learned counsel for the petitioner that so far as the alleged confession of the petitioner is concerned, the same has been recorded 20 days after the conduct of the post-mortem report.
7. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR and the
Patna High Court CR. MISC. No.19747 of 2026(3) dt.07-05-2026 3/3 material that has transpired in course of investigation as discussed herein above, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
8. Liberty is granted to the petitioner to renew his prayer for bail after six months or on framing of charge, whichever is later.
(Partha Sarthy, J) sauravkrsinha/- U T