Patna High Court
Dharamveer Kumar @ Dharamveer YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court inclined to extend the privilege of bail, granting it with conditions.
Summary
The petitioner, Dharamveer Kumar, was arrested in connection with a case (Maner P.S. Case No. 551 of 2024) for offences under section 103 of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act, based on an FIR lodged on 19.08.2024. He had been in custody since 17.10.2024 and claimed no prior criminal record. The State opposed his bail, while the petitioner’s counsel argued for release, offering an undertaking to appear diligently in trial. The Court, noting the length of custody, lack of antecedents, and the petitioner’s undertaking, decided to grant bail subject to a Rs.10,000 bond and several conditions including regular court appearances, monthly police attendance, and non‑interference with witnesses. The bail order was issued by Justice Rajiv Roy.
Issues considered
- Whether bail should be granted to the accused charged under section 103 of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act despite the seriousness of the offences.
- Whether the petitioner’s prolonged pre‑trial custody, lack of criminal antecedent, and undertaking justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103
Subjects
- bail
- pre‑trial detention
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- attempt to murder
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31275 of 2026
Arising Out of PS. Case No.-551 Year-2024 Thana- MANER District- Patna
======================================================
Dharamveer Kumar @ Dharamveer Yadav Son of Bishok Roy @ Bishek Rai
Resident of Village - Jivrakhan Tola, P.S. - Maner, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumay Madhup, Advocate
For the State : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 03-07-2026 Heard the parties.
2. The petitioner is in custody in connection with
Maner P.S. Case No. 551 of 2024 for the offence punishable
under sections 103 of the Bharatiya Nyaya Sanhita and section
27 of the Arms Act, lodged on 19.08.2024 by the informant,
Asha Devi.
3. As per the prosecution story, the informant alleged
that her husband was killed by unknown criminals. The
allegation is that her husband was constructing a temple at
Bajipur and was living alongwith seven-eight persons therein
itself. This led to the FIR.
4. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 17.10.2024, have
no criminal antecedent and if granted relief, he shall be
Patna High Court CR. MISC. No.31275 of 2026(3) dt.03-07-2026
2/3
diligently appearing in trial failing which the State shall take
steps for cancellation of bail bond.
5. Learned APP opposes the prayer for bail his role
has come in the present case.
6. Taking into account the submissions of the parties
as also that he has remained in custody since 17.10.2024, has no
criminal antecedent and an undertaking has been given that he
shall be diligently appearing in trial, in that background, this
Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Additional
District and Sessions Judge-VI, Danapur, in connection with
Maner P.S. Case No. 551 of 2024 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.31275 of 2026(3) dt.03-07-2026
3/3
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.