Patna High Court
Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioners.
Summary
The petitioners, Dhananjay Kumar and Vikash Kumar, were charged under Sections 302, 307, 353, 323 and 34 of the Indian Penal Code and Sections 25(1‑B)(a), 26, 27 and 35 of the Arms Act for alleged participation in the theft of a buffalo and the murder of a Sub‑Inspector. They applied for bail before the Patna High Court, arguing that the trial was still at the stage of examining defence witnesses. The trial court had already examined twelve prosecution witnesses and the case was pending on defence testimony. The High Court, noting the seriousness of the offences and the advanced stage of the trial, declined to grant bail and directed the trial court to conclude the trial within three months. Consequently, the petitioners’ bail applications were rejected.
Issues considered
- Whether bail can be granted at an advanced stage of trial for offences punishable with death or life imprisonment.
- Whether the nature of the offences and the stage of the proceedings justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Indian Penal Code — s. 302, 307, 323, 34, 353
Subjects
- bail
- murder
- arms act
- IPC sections
- trial stage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78754 of 2025
Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur
======================================================
Dhananjay Kumar S/O Dinesh Yadav @ Dhanesh Yadav R/O Village-
Bhawani Bigaha, P.S- Chiksaura, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar . ... ... Opposite Party/s
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 6221 of 2026
Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur
======================================================
Vikash Kumar S/o Late Mithlilesh Gop @ Late Mithlesh Yadav R/o Village-
Sandh (Sandh Bigha), P.S- Karai Parsurai, Dist- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 78754 of 2025)
For the Petitioner/s : Mr. Hansraj, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 6221 of 2026)
For the Petitioner/s : Mr. Shashank Chandra, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 13-02-2026 As both the cases arise out of the same police station
case number, hence with consent of the parties, they have been
heard together for final disposal at this stage itself.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners seek bail in a case registered for
the offence punishable under Sections 302, 307, 353, 323 and 34
of the Indian Penal Code and Sections 25(1-B)(a), 26, 27 and 35
of the Arms Act.
4. As per the prosecution case, the allegation
Patna High Court CR. MISC. No.78754 of 2025(4) dt.13-02-2026
2/2
against the petitioners is that they actively participated in the
commission of theft of buffalo and in the murder of the S.H.O.
5. By order dated 17.01.2026, a report was called
for from the learned Trial Court with regard to the stage of the
case. In compliance thereof, a report dated 22.01.2026 sent by
the learned Trial Court is on the record, which, inter alia,
indicates that 12 chargesheeted prosecution witnesses have
already been examined and the case is pending at the stage of
defence witness.
6. Taking into consideration the report aforesaid,
this Court is not inclined to grant the privilege of bail to the
petitioners at the advance stage of trial. However, the learned
Trial Court is directed to proceed with the case expeditiously
and conclude the trial preferably within a period of three
months.
7. Accordingly, the prayer of the petitioners for
grant of bail in connection with Ujiyarpur P.S. Case No.306 of
2023 is hereby rejected.
(Soni Shrivastava, J)
Trivedi/-
U T
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