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Patna High Court

Dhanu Kumar @ Dhannu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the petitioner is implicated in a serious murder and arms offence and the trial has already progressed.

Summary

Dhanu Kumar was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for the murder of businessman Rajesh Prasad, based largely on the confessional statement of co‑accused Govinda. The petitioner sought regular bail for the second time, claiming innocence and alleging false implication. The prosecution opposed bail, emphasizing the seriousness of the offence and the petitioner’s alleged role in the conspiracy. The court noted that the trial had already progressed with most witnesses examined and that the seriousness of the charges warranted denial of bail. Consequently, the bail application was dismissed and the trial was directed to proceed expeditiously.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged with murder and illegal possession of arms.
  • Whether the progress of the trial and examination of witnesses justify denial of bail.
  • Whether a confessional statement of a co‑accused suffices to deny bail to the petitioner.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • IPC
  • Arms Act
  • trial progress
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18041 of 2026
                         Arising Out of PS. Case No.-417 Year-2023 Thana- EKMA District- Saran
                 ======================================================
                 Dhanu Kumar @ Dhannu Kumar S/o Gautam Patel R/o Vill.- Tarbaniya, P.S. -
                 Ekma, Dist.- Saran

                                                                                   ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajesh Kumar
                 For the Opposite Party/s :         Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-04-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Ekma P.S. Case No. 417 of 2023 registered

                   for the offence under Sections 302/34 of the Indian Penal Code

                   and Section 27 of the Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 31.07.2024 in Cr. Misc. No. 29695 of 2024 which

                   reads as follows:-

                                                           Heard learned counsel for the petitioner
                                              and learned APP for the State.
                                                           2. The petitioner seeks bail in connection
                                              with Ekma P.S. Case No. 417 of 2023, dated 08.10.2023,
                                              registered for the offence under Sections 302/34 of the
                                              Indian Penal Code and section 27 of the Arms Act.
                                                           3. As per the prosecution case, one
                                              businessman Rajesh Prasad was shot on way to home
                                              and during treatment he died. During investigation, the
Patna High Court CR. MISC. No.18041 of 2026(2) dt.29-04-2026
                                            2/3




                                  name of the petitioner has come in the confessional
                                  statement of the co-accused Govinda @ Munna. He has
                                  said that he along with the petitioner and other co-
                                  accused persons have killed the deceased. The petitioner
                                  was assigned with the work to keep watch on the police.
                                  The petitioner is involved in the conspiracy to kill the
                                  deceased andhe is in jail since 16.11.2023.
                                                4. Learned counsel for the petitioner
                                  submits that the petitioner is innocent and he has falsely
                                  been implicated in this case. The petitioner has been
                                  made accused in this case on the basis of confessional
                                  statement of co-accused Govinda @ Munna. The
                                  petitioner has one criminal antecedent and he is in jail
                                  since 16.11.2023.
                                                5. Learned APP for the State vehemently
                                  opposed the prayer of the petitioner for grant of bail and
                                  submits that the petitioner was involved in the killing of
                                  the deceased.
                                                6. Considering the aforesaid facts and the
                                  serious allegation against the petitioner, this Court is not
                                  inclined to grant bail to the petitioner.
                                                7. Accordingly, the application of the
                                  petitioner for grant of regular bail is dismissed.



                       4. It is submitted by the learned counsel for the

          petitioner that out of six witnesses, four witnesses have already

          been examined. It is further submitted that the last witness was

          examined on 12.06.2025, and thereafter, no further witness has

          been examined.

                       5. In view of the fact that the trial has already

          progressed, I am not inclined to grant regular bail to the

          petitioner. Accordingly, the application for regular bail stands

          rejected.

                       6. The Superintendent of Police, Saran, is directed to
            Patna High Court CR. MISC. No.18041 of 2026(2) dt.29-04-2026
                                                        3/3




                      ensure the attendance of the remaining witnesses in the trial so

                      that the trial is concluded at the earliest.

                                   7. Let a copy of this order be communicated to the

                      Superintendent of Police, Saran, through FAX or e-mail for

                      immediate compliance.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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