Patna High Court
Dhirendra Kumar Singh @ DhiruversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is dismissed and bail is denied.
Summary
The appellant, Dhirendra Kumar Singh, was charged under the Bihar Narcotic Substances Act, 2023, the Arms Act and the SC/ST (Prevention of Atrocities) Act for allegedly firing at the informant's grandson, resulting in death. He appealed to the Patna High Court under Section 14(A)(2) of the CrPC against the Additional Sessions Judge's refusal to grant regular bail. The appellant claimed innocence, arguing that the FIR was fabricated and that only suspicion linked him to the crime. The prosecution presented the FIR, medical report and multiple witness statements supporting the charge. The High Court, noting the seriousness of the offences and the corroborative medical evidence, declined to enlarge bail and affirmed the lower court's order, dismissing the appeal.
Issues considered
- Whether bail should be granted to the appellant under Section 14(A)(2) of the CrPC given the nature of the offences under the Bihar Narcotic Substances Act, the Arms Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the material evidence on record, including medical report and witness testimony, justifies denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 126(2), 3(5), 61(2)
- Criminal Procedure Code — s. 14(A)(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v), 3(2)(va)
Subjects
- bail
- criminal appeal
- SC/ST Act
- Arms Act
- narcotic offences
- murder
- Section 14A
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4106 of 2025
Arising Out of PS. Case No.-279 Year-2024 Thana- KHAJAULI District- Madhubani
======================================================
Dhirendra Kumar Singh @ Dhiru S/O Ramnarayan Singh R/O Village-
Belakothi, P.S-Khajauli, District- Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar
2. Mahendra Prasad Das S/O Late Subodh Das R/O Village- Maina, Ward No.
14, P.S- Khajauli, Distt.- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Kumari Pallavi, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 14-05-2026 Despite valid service of notice, no one appears on
behalf of the Respondent No. 2.
2. Heard Ms. Kumari Pallavi, learned counsel for the
appellant as well as Ms. Usha Kumari 1, learned Spl.P.P. for the
State.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 10.01.2025
passed by the learned Court of Additional Sessions Judge, 1st
cum Special Judge SC/ST Atrocities Act, Madhubani in
connection with Khajauli P.S. Case No. 279 of 2024, F.I.R.
dated 04.12.2024 registered under Sections 126(2), 103(1),
61(2) and 3(5) of the BNS, 2023, Section 27 of the Arms Act
Patna High Court CR. APP (SJ) No.4106 of 2025(5) dt.14-05-2026
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and Sections 3(2)(va) and 3(2)(v) of the SC/ST Act.
4. According to the prosecution case, this appellant
has fired upon the informant's grandson resulting into his death.
5. Learned counsel for the appellant submits that
appellant is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the appellant has not committed any offence as
alleged in the FIR and he has been made accused in the present
case merely on the basis of suspicion and except the suspicion
nothing has come during investigation which suggest the
involvement of the appellant in the present occurrence.
6. Learned Special Public Prosecutor for the State on
the basis of material available on record and the case diary has
vehemently opposed the prayer for bail of the appellant and
submits that from perusal of the FIR it appears that the specific
allegation of firing is against the appellant and in the present
case, the grandson of the informant has died and number of
witnesses have supported the case of the prosecution and even
the medical report also supports the allegation as alleged in the
FIR.
7. Considering the nature of allegation as alleged in
the FIR supported by the medical evidence, I am not inclined to
Patna High Court CR. APP (SJ) No.4106 of 2025(5) dt.14-05-2026
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enlarge the appellant on bail in connection with Khajauli P.S.
Case No. 279 of 2024 pending in the Court of learned
Additional Sessions Judge, 1st cum Special Judge SC/ST
Atrocities Act, Madhubani.
8. Accordingly, the impugned order is affirmed and
this appeal stands dismissed.
(Rajesh Kumar Verma, J)
Vanisha/-
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