Birendra Kumar Das Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2026)

Birendra Kumar Das Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether bail should be granted to the petitioner, who is in custody for allegedly committing offences punishable under Sections 303(2), 140(1), 64 and 103(1) of the Bharatiya Nyaya Sanhita.

Court's answer

The court found a specific allegation that the petitioner kidnapped the deceased and, after commission of rape, committed her murder.

Ratio / Principle

While observing that the confessional statement has no evidentiary value, the court noted that the petitioner's wearing apparels bearing blood stains and the stick used for assault had been seized, and that DNA and blood samples were sent for FSL.

Key takeaways

As per the FSL report, the DNA profile generated from blood on the jeans cutting is a mixed male-female profile, and the female-source DNA from the wooden piece is found to be present within that mixed profile.ratio¶12
Considering the specific allegation, the seizure and DNA/FSL findings, and that the trial is in progress, the court was not inclined to grant the privilege of bail and rejected the prayer for bail in connection with S.T. No.102 of 2025 pending before the learned Additional Sessions Judge-II, Chatra.ratio¶13

Detailed headnote1 paragraphs

Bail application (B.A. No. 9154 of 2025) under Sections 483 & 484 of BNSS, 2023 by Birendra Kumar Das, in custody for alleged offences under Sections 303(2), 140(1), 64 and 103(1) of the Bharatiya Nyaya Sanhita. Ananda Sen, J. found a specific allegation that the petitioner kidnapped the deceased, raped and murdered her; noted his confessional statement while observing that it has no evidentiary value; recorded the seizure of his blood-stained wearing apparels and of the stick used for assault; and noted the FSL conclusion of a mixed male-female DNA profile from blood on the jeans cutting, with the female-source DNA from the wooden piece present in that mixed profile. As the trial (S.T. No.102 of 2025, Additional Sessions Judge-II, Chatra) was in progress, the prayer for bail was rejected (decided 18.02.2026).

2026:JHHC:4668

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9154 of 2025

Birendra Kumar Das, S/o Kartik Ravidas, R/o Village- Basariya, P.O. and P.s. Barkatha, District- Hazaribag .... Petitioner(s).

Versus

The State of Jharkhand … Opp. Party(s).

------ CORAM : SRI ANANDA SEN, J. -----For the Petitioner(s) : Mr. Abhay Kumar Chaturvedi, Advocate For the State : Mr. Nawin Kumar Singh, Addl. P.P.

09/18.02.2026: This bail application has been filed under Sections 483 & 484 of BNSS, 2023 wherein, prayer has been made for grant of bail as he is in custody for allegedly committing offence punishable under Sections 303(2), 140(1), 64 and 103(1) of the Bharatiya Nyaya Sanhita.

Heard, learned counsel for the petitioner learned counsel for the State and have also gone through the impugned order.

Learned counsel for the petitioner submits that there is no material against the petitioner, further there is no eye witness to the said occurrence. He submits that the allegation of rape is also false. He further submits that as per the First Information Report what is the source of the information that this petitioner has committed murder has also not been disclosed. He further submits that important witnesses have been examined in this case, but no one has implicated this petitioner.

Learned Addl. P.P. opposes the prayer for bail.

After hearing the parties and after going through the record, I find that there is specific allegation against the petitioner that he has kidnapped the deceased and after commission of rape, committed the murder. The petitioner was arrested and he has given his confessional statement. Though the confessional statement itself has got no evidentiary value, but the fact remains that his wearing apparels were seized where the blood stains were found and the stick which was

used for assault was also seized and the DNA and the blood samples were sent for FSL. In the FSL report, it is concluded that the DNA profile generated from blood found in the jeans cutting is a mixed DNA profile from human male and female sources of origin. Further, the DNA profile generated from the blood found in the wooden piece is from one human female source of origin, which is found to be present in the mixed DNA profile generated from the blood found in the jeans cutting.

Considering the above fact and the fact that the trial is in progress, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with S.T. No.102 of 2025, pending in the Court of learned Additional Sessions Judge-II, Chatra stands rejected.

18^th February, 2026 R.S./ Uploaded on 21/02/2026