Patna High Court

Dheeraj KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL REJECTED
Bench: ARUN KUMAR JHA

Holding

The petition for regular bail was denied.

Summary

The petitioner, Dheeraj Kumar, was arrested for allegedly shooting the son of an informant, an offence charged under Section 103(1) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner claims innocence, alleging that another individual, Om Prakash, committed the shooting and falsely implicated him, and points out the lack of any incriminating material recovered from him. The State contends that multiple eyewitnesses identified the petitioner as the shooter who fled the scene on a motorcycle. The court, considering the seriousness of the allegations and the testimony of the witnesses, refused to grant regular bail to the petitioner. The trial court was directed to expedite the trial and reach a conclusion at the earliest.

Issues considered

Whether bail should be granted to the petitioner in a case involving alleged murder under Section 103(1) of the B.N.S., 2023 and Section 27 of the Arms Act.
Whether the evidence presented by the prosecution, including eyewitness testimony, is sufficient to deny bail.
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses if released on bail.

Legislation cited

Arms Act — s. 27
Bihar Narcotic Substances Act, 2023 — s. 103(1)

Subjects

bail
criminal procedure
murder
arms act
Section 103 B.N.S.
Section 27 Arms Act
high court
evidence
witness testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83776 of 2025
                    Arising Out of PS. Case No.-191 Year-2025 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Dheeraj Kumar Son of Roop Narayan Rai @ Rupnarayan Rai, Resident of
                 Village- Ratanpur, P.S.- Majorganj, District- Sitamarhi.
                                                                                 ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   11-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Majorganj P.S. Case No. 191 of 2025 dated

                   19.05.2025, registered for the offences punishable under Section

                   103(1) of the B.N.S., 2023 and Section 27 of the Arms Act.

                                   3. As per the prosecution case, the petitioner shot at

                   the son of the informant who later on succumbed to his injuries.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely

                   been implicated in the present case. The informant is not an

                   eyewitness to the alleged occurrence and the name of petitioner

                   sprung up in the present case on the basis of disclosure made by

                   one Om Prakash, and it appears that Om Prakash himself killed the

                   son of the informant and with an intention to save his skin, shifted

                   the responsibility upon the petitioner. No incriminating material
          Patna High Court CR. MISC. No.83776 of 2025(3) dt.11-02-2026
                                                      2/2




                    has been recovered from person or possession of the petitioner.

                    Learned counsel next submits that petitioner is having clean

                    antecedent and chargesheet has been submitted. Learned counsel

                    lastly submits that petitioner is in custody since 29.05.2025.

                                    5. Learned A.P.P. appearing on behalf of the State

                    opposes the submissions made on behalf of the petitioner and

                    submits that the witnesses examined during investigation stated

                    about petitioner telling the witness to leave the deceased and

                    petitioner alone and thereafter, gunshot was heard and it was found

                    that the petitioner fled away on his motorcycle. The same

                    statement was recorded by other witnesses who were present at the

                    place of occurrence.

                                    6. Having regard to the serious nature of allegations,

                    I am not inclined to enlarge the petitioner on bail. Accordingly, the

                    prayer for regular bail of the petitioner stands rejected.

                                    7. However, the learned trail Court is directed to

                    expedite and conclude the trial at the earliest.



                                              (Arun Kumar Jha, J)

Shahnawaz/-

U     T

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