Patna High Court
Dharmendra Kumar @ Dharmendra Sahni @ RanaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 309(4)
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
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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
2/3
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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