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Patna High Court

Dharmendra Kumar @ Dharmendra Sahni @ RanaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Dharmendra Kumar, was arrested in connection with a case involving alleged shooting and theft under Section 309(4) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged his involvement based solely on a co-accused's confessional statement, with no direct evidence or TIP. The petitioner contended innocence, noting he was not named in the FIR and that no material linked him to the crime. The prosecution highlighted nine prior criminal antecedents, though the petitioner was already on bail in five cases with four others pending. The High Court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of court cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite lack of direct evidence and multiple criminal antecedents
  • Whether the petitioner’s pending cases and prior convictions preclude bail
  • Whether the conditions imposed are sufficient to ensure trial cooperation and prevent tampering

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • Section 309
  • Arms Act
  • trial cooperation
  • evidence tampering
  • confessional statement

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.27942 of 2026
                    Arising Out of PS. Case No.-225 Year-2025 Thana- KARJA District- Muzaffarpur
               ======================================================
               Dharmendra Kumar @ Dharmendra Sahni @ Rana S/o Ganaur Sahani R/o
               Village - Mubarakpur, P.S - Kanti, District – Muzaffarpur ... ... Petitioner/s
                                                   Versus
               The State of Bihar                                   ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
               For the Opposite Party/s :        Mr. Arun Kumar Singh, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

2 27-04-2026                    Heard Mr. Santosh Kumar, learned counsel for the

               petitioner and Mr. Arun Kumar Singh, learned Additional Public

               Prosecutor for the State.

                          2. Petitioner seeks bail who is in custody since

               26.11.2025 in connection with Karja P.S. Case No. 255 of 2025,

               F.I.R. dated 07.08.2025 for the offences punishable under Section

               309(4)of the Bharatiya Nyay Sanhita, 2023 and under Section 27

               of Arms Act.

                          3. According to prosecution case, it is alleged that when

               the informant was returning from Muzaffarpur towards his home

               on his motorcycle, then at the overbridge, three unknown

               miscreants on a motorcycle intercepted and surrounded the

               informant, one of them shot the informant in the leg. Following the

               shooting, the assailants fled the scene, forcibly taking the

               informant’s motorcycle.
Patna High Court CR. MISC. No.27942 of 2026(2) dt.27-04-2026
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                   4. Learned counsel for the petitioner submits that

      petitioner is innocent and he has falsely been implicated in the

      present case. Petitioner is not named in the FIR and his name

      transpired during investigation on the basis of confessional

      statement co-accused person, namely, Amar Sahani and except the

      confessional statement co-accused person, no other cogent

      material has come during investigation which suggest the

      involvement of the petitioner in the present occurrence and till date

      no TIP has been conducted by the prosecution. He further submits

      that petitioner has been arrested in connection with Karza P.S.

      Case No. 228 of 2025 and from there he has been remanded in this

      case.

                   5. The learned Additional Public Prosecutor has

      vehemently opposed the prayer for bail of the petitioner that the

      petitioner carries nine criminal antecedents other than the present

      one but fairly submits on the basis of paragraph-3 of the bail

      application that the petitioner is on bail in the five cases and four

      cases are pending for consideration before competent Court of law.

                   6. Considering the aforesaid facts and circumstances, let

      the petitioner, above named, be released on bail on furnishing bail

      bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like

      amount each to the satisfaction of the learned JMFC, Muzafarpur
            Patna High Court CR. MISC. No.27942 of 2026(2) dt.27-04-2026
                                                        3/3




                  (West), Muzaffarpur in connection with Karja P.S. Case No. 255 of

                  2025, subject to the following conditions:-

                                i. 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.

                                ii. If the petitioner tampers with the evidence or the

                   witnesses, in that case, the prosecution will be at liberty to move

                   for cancellation of bail.

                               iii. 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

                  antecedent, 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)
Suruchi/-

U      T


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