Patna High Court
Dhiraj Kumar @ BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Dhiraj Kumar, was arrested in connection with a murder case (Pipariya PS Case No. 60 of 2025) and charged under Sections 103(1), 61(2)(a), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution’s case is based primarily on the confessional statement of a co‑accused, Ramakant Singh, who named the petitioner as one of the shooters. The petitioner contended that he was falsely implicated, noting that he was not originally named in the FIR and that several co‑accused have already been granted bail by various benches of the same court. The Additional Public Prosecutor opposed bail, highlighting the petitioner’s alleged involvement and his four other pending cases. Considering the similar treatment of co‑accused, the court held that bail should be granted, subject to a bond of Rs.10,000 with two sureties and conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued, directing the petitioner to appear before the Chief Judicial Magistrate, Lakhisarai.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to the petitioner under the circumstances of the case?
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5), 61(2)(a)
Subjects
- bail
- murder
- Arms Act
- confessional statement
- co‑accused
- criminal antecedent
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24175 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
Dhiraj Kumar @ Baba Son of Ganesh Singh Resident of Village and P.S.-
Narayanpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 10-07-2026 Heard Mr. Abhay Shanker Singh, learned counsel
for the petitioner and Mr. Jagdhar Prasad, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
21.06.2025, in connection with Pipariya P.S. Case No. 60 of
2025, F.I.R. dated 19.06.2025 registered for the offences
punishable under Sections 103(1), 61(2((a), 3(5) of the B.N.S.,
2023 and Section 27 of the Arms Act.
3. According to prosecution case, informant alleged
that on 17.06.2025, when the husband of the informant was
returning, accused persons along with unknown came and killed
him by bullet shot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.24175 of 2026(3) dt.10-07-2026
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present case. Initially, the petitioner was not named in the F.I.R.
and the name of the petitioner has been transpired during
investigation on the basis of confessional statement of co-
accused person, namely, Ramakant Singh @ Ramakant Prasad
Singh and Ramakant Singh @ Ramakant Prasad Singh has
stated that the petitioner and other co-accused persons have
fired upon the victim. Learned counsel for the petitioner
further submits that the person, namely Ramakant Singh @
Ramakant Prasad Singh, who has confessed the name of the
petitioner has been granted regular bail by a Coordinate Bench
of this Court vide order dated 10.09.2025 passed in Cr. Misc.
No. 59934 of 2025, another co-accused person, namely, Shivam
Bhardwaj @ Golu Babu has been granted the privilege of
anticipatory bail by a Coordinate Bench of this Court vide order
dated 16.09.2025 passed in Cr. Misc. No. 53025 of 2025,
another co-accused person, namely, Tuntun Yadav @ Saurabh
Raj @ Pintu Kumar has been granted regular bail by a
Coordinate Bench of this Court vide order dated 16.02.2026
passed in Cr. Misc. No. 7029 of 2026, another co-accused
person, namely, Uma Shankar Sharma @ Mukesh Singh and
Chandan Kumar @ Titu Dhamaka have been granted regular
bail by this Court vide order dated 19.03.2026 passed in Cr.
Patna High Court CR. MISC. No.24175 of 2026(3) dt.10-07-2026
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Misc. No. 68547 of 2025 and its analogous case, and also
another co-accused person, namely, Md. Saif Quarashi, his
name also transpired on the basis of disclosure made by
Ramakant Singh has been granted regular bail by a Coordinate
Bench of this Court vide order dated 10.04.2026 passed in Cr.
Misc. No. 85409 of 2025 respectively. He further submits that
the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 21.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner was involved in the
present crime in question and apart from that the petitioner
carries four more cases other than the present one but fairly
submits on the basis of paragraph-3 of the bail petition, the
petitioner is on bail in the pending matters.
6. Considering the facts and circumstances of the case
and the fact that similarly situated co-accused persons have been
granted bail by a different Coordinate Benches of this Court or
by this Court, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Lakhisarai in
Patna High Court CR. MISC. No.24175 of 2026(3) dt.10-07-2026
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connection with Pipariya P.S. Case No. 60 of 2025, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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