Patna High Court

Dharmendra Rai @ Dharmendra Gope @ Dharmendra Kumar @ HeroversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner as the circumstances did not justify continued detention.

Summary

The petitioner, Dharmendra Rai, applied for bail in a criminal case registered under Section 395 of the Indian Penal Code for a dacoity that occurred on 27 August 2019, during which jewellery, other articles and cash were stolen. The prosecution alleged that a group of 10-15 unknown persons committed the offence, but the petitioner was not named in the FIR, had not been subjected to a test identification parade, and no stolen items were recovered from his possession. The petitioner had been in custody since 17 December 2020, while a co‑accused in a similar circumstance had previously been granted bail. The State opposed the bail application, arguing the seriousness of the offence. Considering the lack of incriminating evidence against the petitioner, the parity with the co‑accused, and the length of custody, the Court allowed the bail application, ordering release on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in a dacoity case under Section 395 IPC when the accused is not named in the FIR, has not been identified, and no stolen property has been recovered.

Legislation cited

Indian Penal Code — s. 395

Subjects

bail
dacoity
Section 395 IPC
Criminal Procedure Code
identification parade
parity of co‑accused
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80252 of 2025

                        Arising Out of PS. Case No.-298 Year-2019 Thana- DESARI District- Vaishali
                 ======================================================
                 Dharmendra Rai @ Dharmendra Gope @ Dharmendra Kumar @ Hero Son of
                 Late Abhilakh Rai Resident of village - Khapura, P.S.- Bidhupur, District -
                 Vaishali

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Rudal Singh, Advocate
                 For the State            :        Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 395 of the Indian Penal Code.

                                3. As per prosecution case, on 27.08.2019 in between

                   7:30 PM to 8:15 PM, around 10 to 15 unknown persons

                   committed dacoity in the house of informant and looted

                   jewellery worth Rs. 5,00,000/-, other articles worth Rs. 50,000/-

                   and cash of Rs. 30,000/-.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Petitioner is not named in the F.I.R.. Name of petitioner
             Patna High Court CR. MISC. No.80252 of 2025(3) dt.12-02-2026
                                                         2/2




                       transpired in this case during investigation and till date, he has

                       not been put on test identification parade. It is further submitted

                       that no looted article has been recovered from possession of this

                       petitioner. Co-accused Viru Ray, having similar and identical

                       allegations, has already been granted bail by this Hon’ble Court

                       vide order dated 14.07.2021 passed in Cr. Misc. No. 20441 of

                       2021. Moreover, charge-sheet has already been submitted and

                       petitioner is in custody since 17.12.2020.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, fact that no incriminating article has been recovered from

                       possession of this petitioner, claim based on parity and period of

                       custody, the prayer for grant bail of to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned Additional District Judge-VIIth, Vaishali

                       at Hajipur in connection with Desri P.S. Case No. 298 of 2019.



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T

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