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Patna High Court

Dharmendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and conditions.

Summary

Dharmendra Singh was arrested on 10 December 2025 in connection with a loot case (Arer PS Case No. 83 of 2024) under Section 309(4) of the BNS. The FIR, dated 5 July 2024, did not originally name him; his name was later added based solely on suspicion, with no material evidence or recovery from his possession, and no TIP has been conducted. The petitioner argued that similarly situated co‑accused had been granted bail by other benches of the High Court. The State opposed bail, noting that the petitioner has five other pending cases, though he is already on bail in those matters. The Court, noting the lack of substantive evidence, the petitioner’s non‑naming in the FIR, and the precedent of bail to co‑accused, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner when the charge is based only on suspicion and no material evidence has been produced.
  • Whether the existence of other pending cases against the petitioner precludes bail in the present case.

Legislation cited

  • BNS — s. 309(4)

Subjects

  • bail
  • suspicion
  • criminal procedure
  • Section 309
  • Bihar
  • co‑accused
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28021 of 2026
                        Arising Out of PS. Case No.-83 Year-2024 Thana- ARER District- Madhubani
                 ======================================================
                 Dharmendra Singh Son of Jagesar Singh @ Jageshwar Singh Resident of
                 Village - Kasama Marar, Police Station - Khajauli, District - Madhubani.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md Soban Asghar, Advocate
                 For the Opposite Party/s :        Mr.Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-04-2026                  Heard Mr.Md Soban Asghar, learned counsel for the

                   petitioner and Mr.Bharat Bhushan, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   10.12.2025 in connection with Arer P.S. Case No. 83 of 2024,

                   F.I.R. dated 05.07.2024 registered for the offence punishable

                   under Sections 309(4) of BNS.

                                3. The FIR of the occurrence of loot is against

                   unknown.

                                4. Learned counsel for the petitioner submits that

                   initially the petitioner is not named in the FIR. The name of the

                   petitioner has been transpired during investigation on the basis

                   of suspicion and except the suspicion, no other cogent material

                   has come during investigation against the petitioner to suggest
Patna High Court CR. MISC. No.28021 of 2026(2) dt.27-04-2026
                                            2/3




          the involvement of the petitioner in the present occurrence and

          nothing has been recovered from conscious possession of the

          petitioner and till date no TIP has been conducted by the

          prosecution. Further submits that the similarly situated co-

          accused persons, namely, Md. Gulab Ansari, Md. Sarfaraz and

          Md. Tufail @ Ejaj have been granted bail by different

          Coordinate Benches of this Hon’ble Court vide orders dated

          08.01.2025,03.03.2025 and 13.10.2023 passed in Cr. Misc.

          Nos.89041 of 2024, 6200 of 2025 and 49305 of 2025

          respectively and the petitioner is in custody since 10.12.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries five more cases other than the present one but

          fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, petitioner is not

          named in the FIR, the name of the petitioner has been transpired

          during investigation on the basis of suspicion, till date no TIP

          has been conducted by the prosecution and similarly situated co-

          accused persons have been granted bail by different Coordinate

          Benches of this Hon’ble Court, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs.10,000/- (Ten
             Patna High Court CR. MISC. No.28021 of 2026(2) dt.27-04-2026
                                                         3/3




                       Thousand) with two sureties of the like amount each to the

                       satisfaction of learned S.D.J.M., Madhubani in connection with

                       Arer P.S. Case No. 83 of 2024, with 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/her absence on two consecutive dates without sufficient

                       reason, his/her 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)
Nitesh/-
U        T


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