Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner as the nature of the accusation and the period of custody did not preclude release on bond.
Summary
The petitioner, Dhiraj Kumar, was arrested in connection with a murder allegedly committed by firearm on 27 March 2025, in which his son was the victim. He was not originally named in the FIR; his alleged involvement emerged from the confessional statement of co‑accused Manita Devi. The petitioner had been in custody since 24 April 2025 and sought bail for offences under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The State opposed the bail application, arguing the seriousness of the charges. The Court examined the nature of the accusations and the length of the petitioner’s detention and concluded that bail was appropriate. Accordingly, the Court ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties of the same amount. The order was pronounced by Justice Prabhat Kumar Singh on 13 February 2026.
Issues considered
- Whether bail can be granted to an accused not named in the FIR but implicated through a co‑accused’s confessional statement.
- Whether the nature of the offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- confessional statement
- co‑accused
- custody
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.875 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Dhiraj Kumar Son of Late Rajo Prasad Resident of Village- Kesaribigha, P.S.-
Chhabilapur, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Vaishnavi Singh
For the Opposite Party/s : Mr.Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for
offence under Sections 103(1), 3(5) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. As per prosecution case, on 27.03.2025 at about 4
PM, the informant received an information that his son has been
killed in his Auto by fire-arm at Chandi-Hathkatta Bara More.
On receipt of such information, informant went there and saw
the dead-body of his son with fire-arm injuries on head and
chest.
4. Petitioner is not named in the F.I.R. Name of the
petitioner transpired during investigation in the confessional
statement of co-accused Manita Devi, who has already been
Patna High Court CR. MISC. No.875 of 2026(2) dt.13-02-2026
2/2
granted bail by this Court, vide order dated 17.11.2025 passed in
Cr.Misc. No. 77456 of 2025. Petitioner is in custody since
24.04.2025. Chargesheet has been submitted.
5. Learned counsel for the informant opposes the
prayer for bail.
6. Considering the nature of accusation and period of
custody, the prayer for bail of petitioner is allowed. 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 Chief
Judicial Magistrate – I, Hilsa, District – Nalanda in connection
with Chandi P.S. Case No. 153 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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