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Patna High Court

Dhirendra Kumar Singh @ DhiruversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                             2/3




          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
                                                         3/3




                      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/-

U      T


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