Patna High Court
Dharmvir Kumar @ Dharamvir @ HatteversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that, in view of the petitioner’s lack of direct involvement, absence of his name in the FIR, and the confessional statement implicating another, bail should be granted.
Summary
The petitioner, Dharmvir Kumar, was arrested in connection with a murder case (IPC Sections 302/34) and an offence under Section 27 of the Arms Act. The prosecution alleged that the informant's son was shot and later died, implicating the petitioner. The petitioner’s counsel argued that he was falsely implicated, not named in the FIR, and that a confessional statement of another accused identified a different person as the killer; the petitioner also had no prior criminal record and had been in custody since 14‑12‑2024. The State opposed bail. Considering the lack of direct evidence against the petitioner and the period of custody already served, the Court granted bail on a bond of Rs. 15,000 with two sureties. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused in a murder and arms case where the accused is not named in the FIR and a confessional statement implicates another person
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Arms Act
- false implication
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2447 of 2026
Arising Out of PS. Case No.-193 Year-2024 Thana- NATHNAGAR District- Bhagalpur
======================================================
Dharmvir Kumar @ Dharamvir @ Hatte S/o Page Mandal @ Bablu Mandal
R/o Village - Amri Bishanpur, P.S - Bihpur, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Adv.
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nathnagar P.S. Case No. 193 of 2024 instituted for the offences
under Sections 302/34 of the Indian Penal Code and Section 27 of
the Arms Act.
3. Prosecution case, in short, is that the son of the
informant went to meet his business partner to get his due amount
and after some time the informant got the information that her son
has been shot. When she went at that place she did not found her
son and when she along with her family members reached
Mayaganj hospital, her son was found in dead condition.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. Learned
counsel for the petitioner submits that general and omnibus
Patna High Court CR. MISC. No.2447 of 2026(2) dt.21-01-2026
2/2
allegation has been made against the petitioner. No specific overt
act is alleged against the petitioner. The petitioner was not named
in the FIR and his name transpired on the confessional statement
of Rajiv Ranjan @ Laddu who in his confessional statement has
clearly said that one Bhinna Mandal has killed the deceased and
not this petitioner. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 14.12.2024 and has no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nathnagar P.S. Case
No. 193 of 2024.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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