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Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners subject to a bond and specific conditions.

Summary

The petitioners, four residents of Sitamarhi district, filed a bail petition fearing arrest in a murder case (Dumra P.S. Case No.271 of 2024) where they were alleged to have killed Abhilasha Kumar and tampered with CCTV evidence. They contended that they were falsely implicated, had no criminal antecedents, and were merely present at the deceased's cremation, citing that similarly situated co‑accused had been granted anticipatory bail in a related case. The State opposed the bail, arguing the seriousness of the offences listed under the IPC. The Court, noting the precedent of bail granted to co‑accused and the petitioners' lack of prior record, ordered that bail be granted subject to a bond of Rs.10,000 with two sureties and specific conditions under Section 482(2) of the BNSS. The bail is to be surrendered if the petitioners fail to appear before the trial court or tamper with witnesses or evidence. The order disposes of the bail petition with bail granted.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the inherent powers of the court in view of the allegations and the precedent of bail granted to co‑accused
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate and sufficient to safeguard the trial process

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • murder
  • evidence tampering
  • high court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90257 of 2025
                       Arising Out of PS. Case No.-271 Year-2024 Thana- DUMRA District- Sitamarhi
                 ======================================================
           1.     Dhiraj Kumar Son of Birju Ray Resident of Village- Mirchaiya, P.S.-
                  Dumra, District- Sitamarhi
           2.    Laxman Mukhiya S/O Chalitar Mukhiya Residents of Village- Gosaipur,
                 P.S.-Dumra, District- Sitamarhi
           3.    Sunita Devi Wife of Asharfi Ray Resident of Village- Mirchaiya, P.S.-
                 Dumra, District- Sitamarhi
           4.     Ravi Mahto @ Ravindra Kumar Son of Ram Binay Mahto Resident of
                  Village- Bajitpur, P.S.-Dumra, District- Sitamarhi
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Virendra Kumar
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-01-2026                       Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners are apprehending their arrest in

                   connection with Dumra P.S. Case No.271 of 2024 dated

                   19.06.2024, registered for the offence punishable under Sections

                   109, 110, 114, 115, 182, 194, 195, 201, 202, 203, 111, 120B, 34

                   of the IPC.

                                   3. As per the FIR, the allegation against the

                   petitioners is that they killed the deceased, Abhilasha Kumar,

                   and suppressed evidence of the murder by deleting footage of

                   CCTV camera.
Patna High Court CR. MISC. No.90257 of 2025(2) dt.15-01-2026
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                          4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have been falsely implicated in

          this case. They have no concern with the alleged occurrence.

          The name of the petitioners transpired only on the basis of

          information collected and as also that these petitioners being a

          part of members present at the cremation site, the name of the

          petitioners have been roped. It is further submitted that the

          murder of the deceased was committed by her grandfather and

          being co-villagers, the petitioners have only attended the last

          rites of the deceased which were being carried out by the family

          of the deceased. It is further submitted that similarly situated co-

          accused persons, who had participated in the last rites have been

          granted anticipatory bail by a coordinate Bench of this Court

          vide order dated 20.05.2025 passed in Cr. Misc. No.26317 of

          2025. Lastly, it is submitted that the petitioners have no criminal

          antecedents.

                          5. On the other hand, the learned APP for the State

          has opposed the prayer for bail of the petitioners.

                          6. Considering that similarly situated co-accused

          persons have been granted bail, let the above named petitioners,

          be released on bail, in event of their arrest or surrender before

          the learned Court below within a period of six weeks from

          today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
               Patna High Court CR. MISC. No.90257 of 2025(2) dt.15-01-2026
                                                           3/3




                         Thousand) each with two sureties of the like amount each to the

                         satisfaction of the learned C.J.M. Sitamarhi/Successor Court in

                         connection with Dumra P.S. Case No.271 of 2024, subject to the

                         conditions as laid down under Section 482(2) of the BNSS as

                         well as the following conditions:

                                      (i) One of the bailors should be the family

                         member/relative of the petitioner(s) who shall provide official

                         document to show his/her bona fide;

                                      (ii) the petitioner(s) shall appear on each and every

                         date before the Trial Court and failure to do so for two

                         consecutive       dates     without      plausible   reason   will   entail

                         cancellation of his/her/their bail bond by the Trial Court itself;

                                      (iii) the petitioner(s) shall in no way try to induce or

                         promise or threat the witnesses or tamper with the evidences,

                         failing which the State shall be at liberty to take steps for

                         cancellation of the bail bonds;

                                      (iv) the petitioner(s) shall desist from committing any

                         criminal offence again, failing which the State shall be at liberty

                         to take steps for cancellation of their bail bonds.


                                                                 (Ajit Kumar, J)

shikha/-

U          T


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