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Patna High Court

Dhiraj Kumar @ Dhiraj SahaniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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