Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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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