Patna High Court
Dharmraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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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