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Patna High Court

Dhiraj Kumar @ BabaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                            3/4




          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
                                                           4/4




                         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//-

U          T


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