Patna High Court
Karamveer @ Dhasmveer Deshmukh Bahi @ Karamveer Kumar @ Dhasmeer Kumar @ Dharamveer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail should be granted to the petitioner, subject to a monetary bond, sureties, and strict conditions of appearance and conduct.
Summary
The petitioner, Karamveer Deshmukh, was arrested on a tip-off for allegedly planning a robbery and charged under sections 310(4) and 310(5) of the Bihar Narcotic Substances Act and sections 25(1‑b)a, 26 and 35 of the Arms Act. He filed a bail petition claiming false implication, lack of compliance with sections 103 and 105 of the B.N.S. Act, and pointing to a similar co‑accused who had been granted bail by a coordinate bench. The State opposed the bail. The High Court, noting the similarity to the earlier bail order and that charges had already been framed, granted bail subject to a Rs.10,000 bond, two sureties, and conditions of personal appearance, cooperation with investigation, and possible cancellation for violations. The order emphasized the need for a close relative and a local resident as sureties and stipulated cancellation if the petitioner absents himself for two consecutive dates or commits a similar offence. The bail was thus ordered with strict conditions.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bihar Narcotic Substances Act and the Arms Act.
- Whether non‑compliance with sections 103 and 105 of the Bihar Narcotic Substances Act bars the grant of bail.
- Whether the bail granted to a co‑accused in a similar case is determinative for the present petition.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 103, 105, 310(4), 310(5)
Subjects
- bail
- narcotic law
- arms act
- false implication
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33691 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- MUSRIGHRARI District- Samastipur
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Karamveer @ Dhasmveer Deshmukh Bahi @ Karamveer Kumar @
Dhasmeer Kumar @ Dharamveer Kumar S/O Bir Bahadur Singh @ Bahadur
Singh Residents of village- Daudnagar Khilwat Ward No. 6, Police Station-
Viddupur,District-Vaishali .......Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumri, Advocate
Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Musrighrari P.S. Case no.64 of
2025 registered under section 310(4), 310(5), of B.N.S. and
under Section 25(1-b)a, 26, 35 Arms Act.
3. Acting on a tip-off, the police apprehended the
petitioner and other accused persons who were planning to
commit robbery.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated and the recovery and
seizure shown from his possession is not correct. It is further
submitted that there is no compliance of section 103 and 105 of
the B.N.S.S. and the reason for false implication of this
Patna High Court CR. MISC. No.33691 of 2026(3) dt.11-06-2026
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petitioner is that he has 11 criminal antecedents. The petitioner
is in custody since 27.05.2025 and and his case is absolutely
similar to the case of co-accused, Ravish Kumar alias Rabish
Kumar, who was also apprehended along with one country made
pistol and 3 live cartridges and was granted bail by a coordinate
Bench of this Court vide order dated 01.01.2026 passed in Cr.
Misc No. 85560 of 2025 (Annexure P/2).
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
similarly situated the co-accused person has already been
granted bail by coordinate Bench of this Court coupled with the
fact that the charges have already been framed in the case, let
the petitioner above-named is directed to be enlarged on bail in
connection with Musrighrari P.S. Case no.64 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court concerned where the case is
pending/successor Court, subject to conditions that:
(I) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
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(II) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(III) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned Court.
(IV) If the petitioner, in future, is found to be involved
in similar nature of offence (s), the prosecution shall be at
liberty to move for cancellation of his bail bond.
(Soni Shrivastava, J)
Trivedi/-
U T
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