Patna High Court
Dharamveer Kumar Sahu @ Dharamveer Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, holding that the evidence on record did not justify continued detention.
Summary
The petitioner, Dharamveer Kumar Sahu, was arrested in connection with a robbery and armed assault alleged under Section 309(6) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution's case relied on a withdrawn amount of Rs. 3,50,000 and a confession by co-accused Suman Saurav, who implicated the petitioner. The petitioner argued he was innocent, had no criminal record, and that no material evidence or recovery was made against him, nor was a thorough investigation (T.I.P.) conducted. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the Court found the lack of substantive evidence and the reliance on a co-accused's confession insufficient to deny bail, and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail can be granted to the petitioner under Section 309(6) of the B.N.S., 2023 and Section 27 of the Arms Act given the circumstances of the case.
- Whether the confessional statement of a co‑accused alone is sufficient ground to deny bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 309(6)
Subjects
- bail
- criminal procedure
- confessional statement
- arms act
- false implication
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16493 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Dharamveer Kumar Sahu @ Dharamveer Kumar Sah Son of Ganesh Shah
Resident of Village - Kamrauli, Ward No.- 1, P.S.- Simri, District –
Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jasjit Pranjal, Advocate
Mr. Prashant Saurabh, Advocate
Mr. Vikash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Singwada P.S. Case No. 335 of 2025 registered for the
offence punishable under Section 309(6) of the B.N.S., 2023
and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
informant has withdrawn Rs. 3,50,000/- from the Central Bank
through cheque and kept the said amount in a blue color bag. It
is alleged that three unknown miscreants intercepted him and
on gunpoint, snatched the bag. It is also alleged that the accused
persons also made fire.
Patna High Court CR. MISC. No.16493 of 2026(2) dt.13-03-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the FIR was lodged against unknown
miscreants. During the course of investigation, one co-accused
namely, Suman Saurav was apprehended and he has given his
confessional statement in which he named this petitioner. He
also submits that save and except the confessional statement of
co-accused, there is nothing against the petitioner. No recovery
was made from the possession of this petitioner. No T.I.P was
conducted. He further submits that a statement has been made
in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
30.11.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.16493 of 2026(2) dt.13-03-2026
3/3
A.C.J.M.-VII, Darbhanga in connection with Singwada P.S.
Case No. 335 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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