Patna High Court
Dhiraj Kumar @ Dhiraj SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- AJIT KUMAR
Holding
The court held that bail could not be granted as the offence is non‑bailable and the prosecution evidence, though incomplete, was sufficient to justify detention.
Summary
The petitioner, Dhiraj Kumar (also known as Dhiraj Sahani), was charged in Birpur Police Station Case No. 99 of 2024 for offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, relating to the alleged shooting and killing of his husband during a card‑playing dispute. He filed an application for bail, contending that the prosecution witnesses were insufficient and that the evidence against him was weak. The court examined the prosecution report, noting that out of ten prosecution witnesses, six had been examined and four remained to be examined, and considered the seriousness of the alleged murder and the non‑bailable nature of the offences. The judge concluded that the material on record did not justify the grant of bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail can be granted to the accused in a case involving murder under Sections 302 and 34 IPC and Section 27 Arms Act
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24700 of 2026
Arising Out of PS. Case No.-99 Year-2024 Thana- BEERPUR District- Begusarai
======================================================
Dhiraj Kumar @ Dhiraj Sahani S/o- Late Raja Ram Sahani Village - Ward
No- 05 Maladih PS - Birpur, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal
For the Opposite Party/s : Mr. Renuka Ratnakar (App 125),
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 He
ardt
hel
ear
nedc
ouns
elf
ort
hepe
ti
ti
one
rand
l
ear
nedAPPf
ort
heSt
at
e.
2.The pe
ti
ti
one
r ma
kes a pr
aye
rfor ba
il in
connection with Birpur P.S. Case No.99 of 2024, F.I.R dated
24.05.2024 registered for the offences punishable under Section
302 and 34 of the Indian Penal Code and 27 of the Arms Act.
3.Aspe
rthepr
ose
cut
ionc
as,on 27.05.2024 at about
e
1:00 P.M., Ayodhi Sahani took the informant’s husband to play
cards at the bamboo grove of Ram Babu Singh. Later, upon
receiving information about a quarrel among the card players,
the informant reached the spot and allegedly saw 5–7 persons
assaulting her husband. It is alleged that Tulsi Sahani caught
hold of him while the petitioner shot him on the forehead,
Patna High Court CR. MISC. No.24700 of 2026(3) dt.13-05-2026
2/3
causing his death, after which the accused persons fled away.
The occurrence was allegedly witnessed by Gulshan Kumar,
Dinesh Singh, Arvind Singh, Balram Kumar Singh and Manoj
Kumar.
4.Le
arne
dcouns
elf
ort
hepe
ti
ti
one
rsubmi
tst
hat
pur
sua
ntt
othe or
derda
ted 16.
04.
2026,s
tag
e oft
ri
ali
n
c
onne
cti
onwi
th Birpur P.S. Case No.99 of 2024 was called for
from the Court concerned and report dated 28.04.2026 has been
received and has been kept on record marked as “A” and from
the said report, it appears that out of ten (10) prosecution
witness in this case, six (6) prosecution witnesses have been
examined and the evidence of four (4) witnesses are still to be
adduced by the prosecution.
5.Le
ar dAdditional Public Prosecutor for the State
ne
oppos
est
he pr
aye
rforr
egul
arba
ila
nd s
ubmi
tst
hato
the
r
wi
tne
sse
sma
ybedi
rec
tedt
obee
xami
nedi
nat
imel
ine
.
6.Cons
ide
rin
gthe f
act
sand c
irc
ums
tanc
esa
nd
k
eepi
ngi
nvi
ewt
hepe
riodofj
udi
ci
alc
ust
odyoft
hispe
ti
ti
one
r,
whoi
sro
tti
ngi
nja
ils
inc
e22.
06.
2024,i
tise
xpe
cte
dtha
tthe
r
ema
ini
ngf
ourwi
tne
sse
sbee
xami
nedwi
thi
nape
rio
doft
hre
e
mont
hs f
rom t
oda
yand i
nca
ses
uche
xami
nat
ion oft
he
wi
tne
sse
sar
eno
tconc
lude
dthe
nthepe
ti
ti
one
rsha
llbea
tli
ber
ty
Patna High Court CR. MISC. No.24700 of 2026(3) dt.13-05-2026
3/3
t
ore
newt
hepr
aye
rforr
egul
arba
ila
fte
rane
xpi
ryoff
our
mont
hs.
7.Ac
cor
din
gly
,ther
egul
arba
ila
ppl
ic
ati
oni
sdi
spos
ed
o
fint
hea
bov
ete
rms
.
(Ajit Kumar, J)
sharun/-
U T
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