Patna High Court
Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Dheeraj Kumar, was arrested in connection with a murder case (Baligaon P.S. Case No. 155 of 2025) and has been in custody since 11‑10‑2025. He sought bail, contending that he was not named in the FIR and that the victim’s statement indicated she had married another person and was not a victim of kidnapping. The prosecution alleged that the petitioner and others killed the deceased. The court considered the victim’s statement recorded under Section 183 of the B.N.S.S. and the petitioner’s claim of innocence. Relying on these submissions, the court granted bail on a bond of Rs.10,000 with two sureties, clarifying that it made no determination on the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner in a murder case under Sections 87, 140(3), 103(1), 123 and 3(5) of the B.N.S.
- Whether the victim’s statement under Section 183 of the B.N.S.S. creates a reasonable doubt justifying bail
Legislation cited
Subjects
- bail
- murder
- criminal procedure
- Bihar
- sections 87
- section 140(3)
- section 103(1)
- section 123
- section 3(5)
- section 183
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10072 of 2026
Arising Out of PS. Case No.-155 Year-2025 Thana- BALIGAON District- Vaishali
======================================================
Dheeraj Kumar S/o Lalbabu Ray R/vill- Bhusahi, P.S.- Baligaon, Distt-
Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kumar, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Baligaon P.S. Case No. 155 of 2025 registered for the offence
under Sections 87, 140(3), 103(1), 123, 3(5) of the BNS.
3. As per the prosecution case, the petitioner
and others are said to have killed the deceased.
4. The petitioner is in custody since
11.10.2025.
5. It has been submitted by the learned counsel
for the petitioner that the petitioner is innocent and from reading
of the FIR, it appears that the daughter of the deceased had
eloped with someone and because of the same, the deceased has
committed suicide. He further submits that the petitioner is not
named in the FIR and they are said to have participated in the
kidnapping of the victim girl. Further, the victim in her
Patna High Court CR. MISC. No.10072 of 2026(3) dt.30-03-2026
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statement recorded under section 183 of the B.N.S.S., has stated
that she has married one Suman Kumar and that she wants to go
with her sister-in-law (nanad).
6. Considering the statement of the victim girl
and also the submissions made on behalf of the petitioner, this
application is allowed.
7. Let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Vaishali, Hajipur /
concerned Court below in connection with Baligaon P.S. Case
No.155 of 2025.
8. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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