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Patna High Court

Dharmendra Kapar @ Dharmendra KapaarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner, not being the main assailant, is entitled to regular bail.

Summary

The petitioner, Dharmendra Kapar, was arrested in connection with a murder case (IPC Sections 302 and 34) and an offence under Section 27 of the Arms Act. The FIR alleged that co‑accused Shiv Kumar fired the fatal shot, while the petitioner was present as a member of the unlawful assembly but did not personally fire. After being in custody since October 2024, the petitioner filed a second regular bail application, arguing that the main assailant had already been granted bail and that the trial had not progressed. The court considered the long pre‑trial detention, the petitioner’s peripheral role, and the lack of any overt act attributed to him. Concluding that he was not the principal offender, the court granted regular bail on a bond of Rs. 10,000 with two sureties and imposed standard conditions for appearance.

Issues considered

  • Whether a person accused of murder and an Arms Act offence, but not the principal shooter, is eligible for regular bail.
  • Whether the length of pre‑trial custody and lack of trial progress justify bail.
  • Whether the grant of bail to co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC 302
  • Section 34
  • Arms Act 27
  • unlawful assembly
  • pre‑trial detention
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3081 of 2026
                   Arising Out of PS. Case No.-199 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Dharmendra Kapar @ Dharmendra Kapaar Son of Late Ramchandra Kapar
                 Resident of Village - Athri, P.S.- Runnisaidpur, District - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Adv.
                                          :       Mr. Mukund Kumar, Adv.
                                          :       Mr. Praveen Kumar, Adv.
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, App.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   30-01-2026                   1. Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. This is the second application, for grant of regular

                   bail, arising out of Runnisaidpur Police Station Case No. 199 of

                   2024, disclosing offences under Section 302 and 34 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                 3. As per the FIR, on 11.06.2024, in the evening,

                   while the informant and his wife were having dinner, the

                   petitioner, along with other accused persons, arrived there armed

                   with pistol, and the co-accused Shiv Kumar told them to marry

                   their daughter with his nephew. Before the informant could

                   understand, the petitioner and others dragged the informant’s

                   wife out of the house and on order of co-accused Vikesh Kumar,
Patna High Court CR. MISC. No.3081 of 2026(2) dt.30-01-2026
                                            2/3




          the co-accused Shiv Kumar fired upon the informant's wife, due

          to which she died on the spot.

                       4. Learned counsel for the petitioner submits that the

          petitioner is in custody since 07.10.2024, and while rejecting his

          bail application on 05.03.2025, this Hon’ble Court gave liberty

          to the petitioner to renew his prayer for bail after nine months if

          the trial does not show any progress. The specific allegation of

          firing is upon co-accused Shiv Kumar and no overt act has been

          alleged against the petitioner and the petitioner was said to be a

          member of unlawful assembly. Co-accused Vikesh Kumar, who

          was an order giver, has been granted bail by a Co-ordinate

          Bench of this Court in Cr. Misc. No. 72114 of 2025 vide order

          dated 14.10.2025. Referring to the impugned order dated

          17.12.2025, learned counsel submits that charges in this case

          has been framed on 11.6.2025 and now the case is fixed for

          prosecution evidence and none of the prosecution witnesses

          have been examined.

                       5. Regards being had to the submissions made by the

          parties and taking into consideration the fact that petitioner is in

          custody since 07.10.2024 and this is second attempt for bail by

          the petitioner, the petitioner is not the main assailant and co-

          accused/order giver, has been granted bail by a Co-ordinate
           Patna High Court CR. MISC. No.3081 of 2026(2) dt.30-01-2026
                                                       3/3




                     Bench of this Court, accordingly, I am inclined to grant regular

                     bail to the petitioner.

                                 6. This application is, accordingly, allowed.

                                  7. 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

                     learned Principal District and Sessions Judge, Sitamarhi, in

                     connection to the Runnisaidpur Police Station Case No. 199 of

                     2024.

                                  8. This is subject to the condition that the petitioner

                     shall present himself before the police/Court, as the case may

                     be, as and when required and in the event of failure on his part

                     to appear before the Court on two consecutive occasions, his

                     bail bond shall be liable to be cancelled.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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