Patna High Court
Dharamvir Kumar @ D.K.versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dharamvir Kumar, was arrested in connection with a bomb attack on an informant's house and charged under Sections 3 and 4 of the Explosive Substances Act and Section 27 of the Arms Act. The prosecution alleged that unknown persons hurled the bomb, and the petitioner’s name was linked to the crime through a confession made by co‑accused Chanchal Kumar Shah while in police custody. The petitioner contended that he is innocent, that no one was injured, and that similarly situated co‑accused have already been granted bail. He also highlighted that he has not been placed on the Terrorist and Disruptive Activities (Prevention) Act (TIP) schedule and that there is no allegation of tampering with evidence. After considering the submissions, the court found no compelling reason to deny bail and ordered the petitioner to be released on regular bail with a bond of Rs. 10,000 and two sureties of the same amount. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the accused in a case involving offences under the Explosive Substances Act and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Explosive Substances Act — s. 3, 4
Subjects
- regular bail
- Explosive Substances Act
- Arms Act
- criminal procedure
- co‑accused confession
- no injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12916 of 2026
Arising Out of PS. Case No.-460 Year-2023 Thana- NAGAR District- Vaishali
======================================================
Dharamvir Kumar @ D.K. Son of Lt. Sunil Bhagat Resident Of Village -
Magarhatta, Masjid Chowk, Ward No. 13, P.S. - Hajipur Town, Dist. -
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh, Adv
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Hajipur Town P.S. Case
No. 460 of 2023 registered for the offences punishable under
Sections 3/4 of Explosive Substance Act and Section 27 of the
Arms Act.
3. As per the prosecution case, FIR came to be
registered against unknown persons, when there is an allegation
that, on fateful day unknown persons hurled a bomb at the
informant’s house. When the informant came outside after the
explosion, the unknown persons fled away.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.12916 of 2026(3) dt.06-05-2026
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that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that name of the
petitioner has transpired on the basis of confession of co-
accused Chanchal Kumar Shah while in police custody. It has
further been submitted that co-accused Rudal Rai @ Krishna
Mohan Kumar has been granted the privilege of bail by order
dated 27.08.2025 passed in Cr. Misc No. 58151 of 2025, while
other similarly situated co-accused person Kundan Kumar has
been granted bail by order dated 01.12.2025 passed in Cr. Misc.
No. 73576 of 2026. It has further been submitted that admittedly
none was injured in the occurrence. It has further been
submitted that petitioner has not been put on TIP and although
he was accused in two other cases but in bail on one case. It has
lastly been submitted that the petitioner has got two criminal
antecedent and is in custody since 18.01.2025. Chargesheet has
been filed in this case and there is no allegation of tampering
against the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
Patna High Court CR. MISC. No.12916 of 2026(3) dt.06-05-2026
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furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, in connection with Hajipur Town P.S.
Case No. 460 of 2023.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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