Patna High Court
Dheeraj Kumar @ Deeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Dheeraj Kumar, was arrested in connection with a case involving alleged firing that resulted in a death, and is charged under IPC sections 147, 148, 149, 302, 120(B) and Arms Act section 27. He contended that he was falsely implicated, that the allegations were omnibus, and pointed to the fact that a co‑accused had been granted bail. The State opposed bail, emphasizing the specific allegation of firing against the petitioner and his five prior criminal convictions. The High Court, after considering the gravity of the offences, the petitioner’s criminal antecedents and the stage of the trial, refused to grant bail. The Court directed the trial court to expedite the trial and allowed the petitioner to file a fresh bail application before the trial court if the trial is not concluded within three months.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences and his criminal antecedents
- Whether the petitioner poses a risk of tampering with evidence or fleeing the jurisdiction
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 147, 148, 149, 302
Subjects
- bail
- criminal procedure
- IPC offences
- Arms Act
- serious offences
- criminal antecedents
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74008 of 2025
Arising Out of PS. Case No.-80 Year-2024 Thana- NADI P.S. District- Patna
======================================================
Dheeraj Kumar @ Deeraj Kumar Son of Gopal Rai @ Gopal Prasad Resident
of village - Jethuli, P.S.- Nadi @ Nadi Fatuha, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Nadi
P.S. Case No. 80 of 2024 instituted for the offence under
Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code
and Section 27 of the Arms Act.
3. Prosecution case in short is that accused persons
have fired upon the brother of informant leading to his death.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that general and
omnibus allegation has been made against the petitioner.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by this Court vide order dated
Patna High Court CR. MISC. No.74008 of 2025(3) dt.03-02-2026
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27.06.2025 passed in Cr. Misc. No. 39577 of 2025. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 05.04.2024 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. There is
specific allegation of firing against the petitioner.
6. In compliance of order dated 17.10.2025, a report
dated 31.10.2025 has been received. From perusal of the report
it appears that the case is fixed for hearing on discharge petition.
The discharge petition of co-accused Sanjay Kumar @ Sanjeev
Kumar was rejected vide order dated 22.07.2025. On
18.09.2025 a discharge petition was filed on behalf of accused
Rahul Kumar, which is pending for hearing. It is further
reported that trial would be concluded within three months.
7. Considering the aforesaid facts and circumstances
of the case, nature and gravity of offences and also taking into
consideration the criminal antecedent of the petitioner, this
Court is not inclined to grant bail to the petitioner at this stage.
8. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
9. Learned Trial Court is directed to expedite the trial.
10. However, liberty is granted to the petitioner to
Patna High Court CR. MISC. No.74008 of 2025(3) dt.03-02-2026
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renew the prayer for grant of bail before the Trial Court if the
trial is not concluded within a period of three months from
today. If any such application is filed before the learned court
below, the court concerned shall consider the same on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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