Created by Fuzzy Cloud

Patna High Court

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

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted as continued pre‑trial detention would be punitive and contrary to Article 21.

Summary

The petitioner, Dharmendra Rai, was arrested in connection with a robbery alleged under Section 394 of the Indian Penal Code, where miscreants allegedly looted cash, a CCTV hard disk and a motorcycle from Bharat Finance Private Ltd. The petitioner claims innocence, stating he is not named in the FIR and was implicated only through a co‑accused’s confessional statement, with no material recovered from his possession and no TI‑parade conducted. He has been in custody since December 2020 and has thirty‑five prior criminal antecedents. The trial is at an early stage, with charge framed and only one of nine witnesses examined, and is expected to conclude within four months. Considering the prolonged pre‑trial detention, lack of substantive evidence, and the protection of liberty under Article 21 of the Constitution, the Court granted bail on a bond of Rs. 15,000 with two sureties and imposed standard conditions for appearance, non‑tampering, and non‑absconding.

Issues considered

  • Whether bail should be granted to the accused in a robbery case under Section 394 IPC given the circumstances of pre‑trial detention, lack of incriminating evidence, and the rights guaranteed under Article 21 of the Constitution.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Section 394 IPC
  • confessional statement
  • evidence
  • criminal antecedents
  • trial proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80986 of 2025
                       Arising Out of PS. Case No.-1018 Year-2019 Thana- NAGAR 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/s     :        Mr. Rudal Singh, Advocate
                 For the Opposite Party/s :        Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with Hajipur

                   Town P.S. Case No. 1018 of 2019, instituted for the offences

                   punishable under Section 394 of the Indian Penal Code.

                                3. The prosecution case, in short, is that some

                   miscreants entered into the office of Bharat Finance Private Ltd.

                   and on the point of pistol they looted Rs. 3 lakh cash, hard disk

                   of CCTV camera, one motorcycle of the staff and fled away

                   from the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.80986 of 2025(3) dt.13-02-2026
                                            2/4




          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner is not named in the FIR. Name

          of the petitioner has transpired in this case on the basis of

          confessional statement made by co-accused, namely, Nishant

          Jha and the same has got no evidentiary value. It is next

          submitted that no T.I. parade has been conducted in this case.

          The petitioner is in custody since 14.12.2020 and has got thirty

          five criminal antecedents. Learned counsel for the petitioner

          next submits that the continued incarceration of the petitioner

          without conclusion of trial amounts to a gross violation of the

          fundamental right guaranteed under Article 21 of the

          Constitution of India, which reiterated by Hon’ble Apex Court

          in plethora of Judgments.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. In compliance of the order dated 21.11.2025, a

          report dated 12.12.2025 with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that charge has been framed against the petitioner on

          13.11.2025 and summons have been issued on 27.11.2025
Patna High Court CR. MISC. No.80986 of 2025(3) dt.13-02-2026
                                            3/4




          against the prosecution witnesses. Out of nine charge-sheeted

          witnesses, only one witness has been examined in this case. It is

          further reported that the trial is likely to be concluded within a

          period of four months.

                       7. Considering the aforesaid facts and circumstances

          of the case, the period of custody undergone by the petitioner

          and taking into account the fact that continued detention of the

          petitioner would serve no purpose other than punitive pretrial

          incarceration, which is antithetical to the spirit of Article 21 of

          the Constitution of India, this Court is inclined to grant bail to

          the petitioner.

                       8. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Hajipur Town P.S.

          Case No. 1018 of 2019, subject to the following conditions:

                       (I) One of the bailors shall be wife of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial and shall not remain absent on two consecutive

          dates without sufficient cause.

                       (III) The petitioner will not tamper with the evidence

          or the witnesses during the trial.
             Patna High Court CR. MISC. No.80986 of 2025(3) dt.13-02-2026
                                                         4/4




                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     (V) The petitioner shall not leave the territorial

                       jurisdiction of the learned Court below without taking prior

                       permission of the Court concerned.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.