Patna High Court
Dhiraj Kumar @ Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to cash bond, surety and appearance conditions.
Summary
The petitioner, Dhiraj Kumar, was arrested in connection with a case under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act for allegedly snatching a mobile phone and a motorcycle at gun and knife point. The prosecution alleged that police recovered a pistol, cartridges, a knife and a mobile phone during a night patrol, and that the petitioner was involved in the theft. The petitioner contended that no incriminating article was found in his possession, he was falsely implicated, and that the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences and the petitioner’s three prior convictions. The Court, after considering the facts, the length of custody and the lack of direct evidence against the petitioner, granted bail subject to a cash bond and surety conditions, and ordered his appearance at every trial date.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents justify refusal of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- prior convictions
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10084 of 2026
Arising Out of PS. Case No.-376 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Dhiraj Kumar @ Dheeraj Kumar S/O Chintu @ Sintu Prasad @ Chintu Yadav
R/O village/Mohalla- Kharkhura Tarwana Devisthan, PS- Delha, District-
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Belaganj P.S. Case No. 376 of 2025 instituted for the offences
under Sections 317(2) of the Bharatiya Nyaya Sanhita, 2023
and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that on 22.06.2025
during night patrolling near Paranpur Dharm Kata on NH-22,
police found two injured persons and allegedly recovered one
pistol alongwith two cartridges from the petitioner and one knife
with a mobile phone from co-accused Chandan Kumar. It is
further alleged that the mobile was identified by Md. Arman,
Patna High Court CR. MISC. No.10084 of 2026(2) dt.09-03-2026
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who stated that both accused had snatched his mobile and
Apache motorcycle at pistol and knife point.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has falsely been implicated in the
present case merely on the basis of suspicion. No incriminating
article has been recovered from the conscious possession of the
petitioner. Learned counsel further submitted that petitioner has
got no concern with the recovered arms and ammunitions.
Learned counsel further submitted that no theft article has been
recovered from the possession of the petitioner. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 02.07.2025 and has three criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.10084 of 2026(2) dt.09-03-2026
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below/concerned Court in connection with Belaganj P.S. Case
No. 376 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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