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Patna High Court

Dharamvir KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, upholding the earlier order denying bail.

Summary

The petitioner, Dharamvir Kumar, was charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act for allegedly snatching a vehicle and pistol. He applied for regular bail, which was first rejected on 27‑08‑2025. He made a second bail application, arguing that charges had been framed and he was innocent. The court noted the seriousness of the offences, that the trial had already commenced, and that no fresh ground for bail was shown. Consequently, the court dismissed the second bail application, reaffirming the earlier order, while stating that its observations were limited to the bail application and did not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner given the gravity of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the commencement of trial and lack of fresh grounds justify denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • gravity of offence
  • trial commencement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.28585 of 2026
                      Arising Out of PS. Case No.-228 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Dharamvir Kumar Son of Ram Eshwar Das Resident of Village -Keshopur
                 Babhangaw, P.S.- Paroo, District -Muzaffarpur


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


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vinay Mistry, Advocate
                 For the State            :        Mr.Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                    ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Paroo P.S. Case

                   No. 228 of 2025 registered for the offence under Sections

                   309(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-

                   b)a, 26 & 35 of the Arms Act.

                                  3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 27.08.2025 passed in Cr. Misc.

                   No. 57744 of 2025, which reads as under:

                                              “Heard the learned counsel for the
Patna High Court CR. MISC. No.28585 of 2026(2) dt.07-05-2026
                                            2/3




                        petitioner and learned APP for the State.
                                   2. The petitioner seeks regular bail in
                        connection with Paroo P.S. Case No. 228 of
                        2025 registered for the offence under Sections
                        309(4) of the Bharatiya Nyaya Sanhita, 2023
                        and Sections 25(1-b)a, 26 & 35 of the Arms Act.
                                   3. As per the prosecution case, on
                        being told by one Raja Kumar, the informant
                        proceeded with his Bolero vehicle to rent out the
                        same and reached at Jafarpur where two
                        unknown persons boarded the vehicle and one
                        unknown person boarded the vehicle in
                        Kharauni Village but after covering some
                        distance, one of them pointed a pistol at the
                        informant and snatched away his vehicle along
                        with his mobile.
                                   4. Learned counsel for the petitioner
                        submits that petitioner is innocent and has not
                        committed any offence. Petitioner is in custody
                        since 04.05.2025.
                                   5. Learned A.P.P. appearing for the
                        State has vehemently opposed the prayer for
                        bail by submitting that this petitioner has been
                        apprehended by the Police and the looted
                        vehicle has been recovered from the petitioner.
                                   6. Considering the aforesaid facts, I
                        am not inclined to grant regular bail to the
                        petitioner. Accordingly, this application for
                        regular bail is hereby dismissed.”

                       4. Learned counsel for the petitioner submits that the

          charges have been framed in the trial.

                       5. Considering the gravity of the offence, the fact that

          the trial has started and no fresh ground for grant of bail is made

          out, I am not inclined to review my earlier order.

                       6. Accordingly, the application stands dismissed.

                       8. It is, however, clarified that the observations made
           Patna High Court CR. MISC. No.28585 of 2026(2) dt.07-05-2026
                                                       3/3




                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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