Patna High Court
DHIRAJ KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application, directing the petitioner to be released on bail with a Rs 10,000 bond and two sureties.
Summary
The petitioner, Dhiraj Kumar, applied for regular bail in a case registered under Sections 25(1‑b) a, 26, 27 and 35 of the Arms Act after a viral video allegedly showed him firing a weapon. The prosecution relied on the video, the petitioner’s confession, and the recovery of a pistol and cartridges from a co‑accused’s house and from the petitioner’s residence. The petitioner contended that he was falsely implicated, that the firearm in the video could not be linked to the recovered pistol, that the cartridge recovery was fabricated, and that no ballistic report had been produced; he also highlighted his lack of prior criminal record. The State opposed bail. The court, after noting the supplementary affidavit correcting the petitioner’s age, directed that the petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties, thereby allowing the bail application.
Issues considered
- Whether bail should be granted in offences punishable under Sections 25(1‑b) a, 26, 27 and 35 of the Arms Act.
- Whether the video evidence, confession and recovered cartridges constitute sufficient ground to deny bail.
- Whether the absence of a ballistic report and alleged fabrication of evidence affect the bail decision.
Legislation cited
- Arms Act — s. 25(1-b) a, 26, 27, 35
Subjects
- bail
- Arms Act
- video evidence
- confession
- ballistic report
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18251 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- Kusumbha District- Sheikhpura
======================================================
Dhiraj Kumar S/O Vishundev Bind @ Bishundev Vind Resident Of Village-
Bagaiya, P.S.- Kusumbha, District- Sheikhpura
... ... Petitioner/S
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roop Kishan, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A supplementary affidavit has been filed today,
which is being kept on record, in which it is stated that the age
of the petitioner has been wrongly mentioned as “52 years”
instead of “22 years” in the cause title of the bail application.
3. In view of the supplementary affidavit, learned
counsel for the petitioner is directed to make necessary
correction in the cause title in course of the day.
4. The petitioner has preferred this application for
grant of regular bail in connection with Kusumbha P.S. Case
No. 02 of 2026 registered for the offences punishable under
Section 25(1-b) a, 26, 27 and 35 of the Arms Act.
5. As per the prosecution case, a video went viral in
Patna High Court CR. MISC. No.18251 of 2026(3) dt.04-05-2026
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which a person was seen firing in the air, and the same was
subsequently identified as the petitioner. On that basis, the
petitioner was apprehended. Further, the petitioner confessed his
guilt, and on his confession, one country-made pistol and six
cartridges were recovered from the house of co-accused Raju
Kumar @ Rajju Kumar. Further, from the house of the
petitioner, six cartridges were recovered.
6. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that it has not been
established that the firearm used by the petitioner in the viral
video was the same as the pistol allegedly recovered from the
co-accused. It has also been submitted that the recovery of six
cartridges is false and has been concocted by the police. The
charge sheet has been filed in this case without any ballistic
report of the recovered weapon. Lastly, it has been submitted
that the petitioner has got no criminal antecedent and is in
custody since 07.01.2026.
7. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
8. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
Patna High Court CR. MISC. No.18251 of 2026(3) dt.04-05-2026
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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, Sheikhpura, in connection with
Kusumbha P.S. Case No. 02 of 2026.
9. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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