Patna High Court
Dhiraj Kumar @ Dhiraj MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Dhiraj Kumar, was arrested on 28 March 2025 in connection with a murder case (Section 302/34 IPC) arising from FIR dated 18 May 2023. He contended that the FIR was fabricated, he has a clean antecedent, and the informant is his aunt, asserting that no substantive evidence links him to the crime except a self‑confession. The prosecution opposed bail, arguing the seriousness of the offence. The court, after considering the lack of corroborative material and the petitioner's claim of false implication, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made subject to cancellation if the petitioner fails to appear on two consecutive dates without sufficient reason or conceals any prior criminal record.
Issues considered
- Whether bail should be granted to an accused in a murder case under Sections 302 and 34 of the IPC.
- Whether the alleged false FIR and lack of corroborative evidence justify bail despite the seriousness of the offence.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- false FIR
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80987 of 2025
Arising Out of PS. Case No.-104 Year-2023 Thana- MANIGACHI District- Darbhanga
======================================================
Dhiraj Kumar @ Dhiraj Mukhiya S/O Late Ram Vilash Mukhiya R/O
Village- Ward No. 12, Raje, P.S- Manigachhi, P.S- Loukahi, Distt.-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Baleshwar Kamat, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.03.2025 in connection with Manigachhi P.S. Case No. 104 of
2023, F.I.R. dated 18.05.2023 for the offences punishable under
Sections 302/34 of the IPC.
3. According to prosecution case, this petitioner along
with other accused person have killed the husband of the
informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.80987 of 2025(3) dt.31-01-2026
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F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. He further submits that the
informant is own aunt of the petitioner and on the basis of
suspicion the petitioner has been made accused in the present
case. Thereafter, the petitioner has confessed his guilt in the
present case and except suspicion as well as self confessional
statement of the petitioner, no other cogent material has come
during investigation which suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 28.03.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned ACJM-V,
Darbhanga in connection with Manigachhi P.S. Case No. 104 of
2023, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.80987 of 2025(3) dt.31-01-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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