Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86883 of 2025 Arising Out of PS. Case No.-263 Year-2023 Thana- PARSA District- Saran ====================================================== Dinesh Rai S/o Tribhuvan Rai R/o village - Parsauna, P.S - Parsa, District - Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2026 Heard learned counsel for the parties.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 302, 202 and 34 of the Bharatiya Nyaya Sanhita, 2023 .

3 . Case of the informant is that son of the informant had gone to his maternal uncle's village on 15.08.2023 . On 16.08.2023, one Khushi Kumari informed informant's niece that that all the FIR named accused persons including this petitioner and 10 unknown accused persons have killed son of the informant and dead body has been concealed in a pond of the village .

4. Learned counsel appearing for the petitioner submits that no specific overt act has been alleged against this petitioner. Doctor, in the post-mortem report, opined cause of

Patna High Court CR. MISC. No.86883 of 2025(2) dt.27-01-2026 2/2 death as Asphyxia due to drowning. Doctor has found no antemortem injury on the person of the deceased. Charge sheet has already been filed. Several similarly situated co-accused have already been allowed bail by different co-ordinate Benches of this Court vide order passed in Cr.Mis.No. 48671/2025 and 52019/2025. Petitioner claims clean antecedent and he is in custody since 16.10.2025 .

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the nature of accusation and period of custody of the petitioner, his prayer for regular bail is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IX, Saran at Chapra in Parsa Police Station Case No. 263 of 2023/GR No. 7489 of 2023 . (Prabhat Kumar Singh, J) Koushik/- U T