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Patna High Court

Dharmraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner, holding that the seriousness of the allegations and the existence of a confession preclude bail at this stage.

Summary

Dharmraj Kumar was arrested in connection with a murder case (Sections 137(2), 103(1), 238 and 3(5) of the B.N.S.) after his confessional statement implicated him in the killing of the informant's son, whose body was later recovered. The petitioner argued that he is innocent, has no prior criminal record, and cited a similar bail order granted to co‑accused Lalu Kumar. The informant’s counsel countered that the petitioner’s confession directly linked him to the act of pressing the victim’s neck, which was corroborated by the post‑mortem report indicating death by asphyxia and shock. The trial is still at the stage of committing the case to the Sessions Court, with charges not yet framed. Considering the seriousness of the allegations and the existence of a confession, the court declined to grant bail, allowing the petitioner to re‑apply after six months if the trial remains pending.

Issues considered

  • Whether bail should be granted to the petitioner at the pre‑trial stage despite his confessional statement and the nature of the offence.

Legislation cited

  • B.N.S. — s. 103(1), 137(2), 238, 3(5)

Subjects

  • bail
  • confessional statement
  • murder
  • asphyxia
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53531 of 2025
                        Arising Out of PS. Case No.-18 Year-2025 Thana- HALSI District- Lakhisarai
                 ======================================================
                 Dharmraj Kumar, S/o Rajendra Ram, R/o Village- Bela, P.S.- Halsi, District-
                 Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Surendra Kmar Singh, Advocate
                                                    Ms. Priya, Advocate
                 For the Informant        :         Mr. Anunay Shahi, Advocate
                 For the State            :         Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   05-02-2026                   Heard learned counsel for the petitioner, learned counsel

                   for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Halsi P.S. Case No. 18 of 2025 registered for the offence

                   punishable under Sections 137(2), 103(1), 238 and 3(5) of

                   B.N.S.

                                 3. The case of the prosecution, in short, is that the son of

                   the informant, namely, Sandeep Kumar (the deceased) was

                   missing from 25.01.2025 and his mobile was also switched off.

                   During course of investigation, Nisha Kumari and this petitioner

                   have given their confessional statement. From the confessional

                   statement of Nisha Kumari it transpires that she had relationship

                   with the deceased and her father has killed the deceased as she was
Patna High Court CR. MISC. No.53531 of 2025(4) dt.05-02-2026
                                            2/3




          seen with the deceased in a compromising position. In the

          confessional statement of this petitioner, it has come that he along

          with other persons has killed the deceased.

                       4. It is submitted by learned counsel for the petitioner

          that petitioner is innocent and has committed no offence. He has

          been falsely implicated in the present case. He is having no

          criminal antecedent and he is languishing in judicial custody since

          29.01.2025. It has further been submitted that similarly situated

          co-accused Lalu Kumar has been granted bail by this Court vide

          order dated 06.08.2025 passed in Cr. Misc. No. 41486 of 2025.

          The case of this petitioner stands on similar footing.

                       5. Countering this, the learned counsel for the informant

          has submitted that in this case, the petitioner has also given his

          confessional statement and on his disclosure, the body of the

          deceased was recovered. It has further been submitted that in the

          confessional statement, it has come that the petitioner has lastly

          pressed the neck of the deceased for getting confirmed that the

          deceased is dead. The learned counsel for the informant has further

          submitted that the cause of death as opined by the doctor who has

          conducted autopsy of the deceased is clear that the death was due

          to combined effect of asphyxia and shock due to pressure and

          compression of neck by some soft and blunt objects. Learned

          counsel for the informant has also submitted that the manner of the
             Patna High Court CR. MISC. No.53531 of 2025(4) dt.05-02-2026
                                                         3/3




                       occurrence which has been stated by this petitioner in his

                       confessional statement is fully supported by the postmortem report

                       and that the case of this petitioner does not stand on similar

                       footing with that of Lalu Kumar.

                                    6. A report has been called for from the learned trial

                       Court regarding the stage of the trial and from the report it

                       transpires that the case has only been committed to the Court of

                       Session. Charge has still not been framed.

                                    7. Having heard the learned counsel for the parties and

                       considering the nature of allegation, this court is not inclined to

                       enlarge the petitioner on bail at this stage and, as such, his prayer

                       for bail stands rejected.

                                    8. However, petitioner may renew his prayer for bail

                       after six months if the trial is not concluded.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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