Patna High Court
Dharmendra Rai @ Dharmendra Gope @ Dharmendra Kumar @ HeroversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Constitution of India — s. Article 21
- Indian Penal Code — s. 394
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
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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
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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.
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(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
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