Patna High Court
Dharamvir Kumar @ D.K.versusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the petitioner was an absconder and the acquittal of co-accused did not constitute a ground for bail.
Summary
The petitioner, Dharamvir Kumar, was charged with murder under IPC sections 302/34 and related offences including 120-B, 212, 216(a) and with an offence under section 27 of the Arms Act. He is alleged to have fired on the nephew of an informant, causing death, and his name appears in a co-accused's confessional statement. The petitioner sought regular bail, arguing that co-accused persons had been acquitted in a separate trial. The court held that the petitioner was an absconder and that the acquittal of co-accused did not justify bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail can be granted to an accused who is an absconder despite acquittal of co-accused in a separate trial
- Whether the confessional statement of a co-accused affects the bail eligibility of the petitioner
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120-B, 212, 216(a), 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- absconder
- confessional statement
- acquittal of co-accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12469 of 2026
Arising Out of PS. Case No.-708 Year-2023 Thana- NAGAR District- Vaishali
======================================================
Dharamvir Kumar @ D.K. Son of Late Sunil Bhagat Resident of Village-
Magarhatta, Masjid Chowk, Ward No. 13, P.S.- Hajipur Town, District-
Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shivjee Singh, Advocate
For the Opposite Party : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In this case, the petitioner seeks regular bail
in connection with Hajipur Town P.S. Case No.708 of 2023
registered for the offence under sections 302/34 of the Indian
Penal Code and under section 27 of the Arms Act but,
cognizance has been taken under sections 302, 120-B, 212,
216(a) of the Indian Penal Code and under section 27 of the
Arms Act.
3. The petitioner and others are accused of
firing upon the nephew of the informant, as a result of which, he
died. The name of the petitioner has come in the confessional
statement of co-accused.
4. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.12469 of 2026(2) dt.23-02-2026
2/2
that in a separate trial the other co-accused persons have been
acquitted by the trial court and therefore, this Court may enlarge
the petitioner on bail.
5. The petitioner is an absconder, which is
apparent from the fact that other co-accused persons have
already faced the trial and have been acquitted.
6. In the opinion of this Court, acquittal of co-
accused in a separate trial is no ground for grant of bail to the
petitioner since the petitioner is an absconder.
7. Considering the aforesaid facts, I am not
inclined to grant bail to the petitioner. Accordingly, this bail
application is dismissed.
(Sandeep Kumar, J)
pawan/-
U T
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