Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANJAY KUMAR SINGH
Holding
The petitioner is entitled to bail.
Summary
Dharmendra Kumar was arrested in connection with a Kalyanpur police case (No.429 of 2024) and charged under Sections 127(1), 127(2), 115(2), 303(2), 318(4) and 3(5) of the BNS. He applied for bail, claiming innocence and alleging that the FIR was lodged against unknown persons and that no incriminating material was recovered from him. The State opposed bail, reiterating the prosecution case, while the petitioner highlighted that a co‑accused, Lal Saheb, had already been granted bail and that no witness tampering was possible as the investigation was complete and a charge‑sheet filed. The Court noted the heavy docket, the lack of any material suggesting flight risk or tampering, and the petitioner’s prior bail history, and concluded that bail could be granted with conditions. Accordingly, the bail application was allowed, subject to a bond of Rs. 25,000 and several standard conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the BNS.
- Whether there is a risk of flight, witness tampering, or obstruction of justice that would justify denial of bail.
- Whether the completion of investigation and filing of a charge‑sheet affect the bail decision.
Legislation cited
- BNS — s. 115(2), 127(1), 127(2), 303(2), 318(4), 3(5)
Subjects
- bail
- criminal procedure
- investigation completed
- charge sheet
- risk of flight
- witness tampering
- BNS
- sections 127,115,303,318,3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91313 of 2025
Arising Out of PS. Case No.-429 Year-2024 Thana- KALYANPUR District- East Champaran
======================================================
Dharmendra Kumar S/o Bhuneswar Rai R/o Village- Pipra Khem, P.S.-
Kalyanpur, District- East Champaran.
... ... Petitioner.
Versus
The State of Bihar
... ... Opposite Party.
======================================================
Appearance :
For the Petitioner : Mr. Jitendra Kumar, Advocate.
For the State : Mr. Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
ORAL ORDER
2 15-01-2026 1. By means of this bail application, petitioner, who is
involved in connection with Kalyanpur PS case no.429 of 2024
registered for the offences under Sections 127(1), 127(2),
115(2), 303(2), 318(4) and 3(5) of BNS seeks enlargement on
bail during the pendency of trial.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor representing the State.
3. It is argued by learned counsel for the petitioner that
petitioner is innocent and he has been falsely implicated in this
case due to ulterior motive. It is further submitted that the F.I.R.
was lodged against unknown persons. During investigation
police apprehended co-accused Lal Saheb and shown recovery
of some parts of vehicle from his possession. It is a case of the
prosecution that apprehended co-accused Lal Saheb has
Patna High Court CR. MISC. No.91313 of 2025(2) dt.15-01-2026
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disclosed the name of six other persons including the petitioner
who were involved in the alleged crime. Thereafter, petitioner
was apprehended by the police but no incriminating article has
been recovered from his possession. Much emphasis has been
given by contending that Test Identification Parade was also not
conducted in the matter and co-accused Lal Saheb has been
granted bail by a Coordinate Bench of this Court vide order
dated 19.11.2025 passed in Criminal Misc. No.75068 of 2025.
The petitioner has criminal history of three cases, out of which
in two cases, he was granted bail prior to filing this bail
application and in third case he has been granted bail during
pendency of this bail application. Several other submissions in
order to demonstrate the falsity of the allegations made against
the petitioner have also been placed forth before the Court.
Lastly, it is submitted that petitioner is languishing in jail since
22.05.2025 and in case he is released on bail, he will not misuse
the liberty of bail and cooperate with the trial.
4. Per contra, learned Additional Public Prosecutor for
the State opposed the prayer for bail of the petitioner reiterating
the prosecution case as mentioned in F.I.R. but he does not
dispute the averment made in bail application and the
submission made at the bar on behalf of the petitioner.
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5. Having heard the submissions of learned counsel for
the parties and perused the record, I find that co-accused Lal
Saheb, from whose possession parts of vehicle have been
recovered has been granted bail by a Coordinate Bench of this
Court vide order dated 19.11.2025 passed in Criminal Misc.
No.75068 of 2025. The case of the petitioner stands on better
footing to that of co-accused Lal Saheb. The investigation has
been completed and charge-sheet has been submitted against the
petitioner. Now there is no possibility of tampering with the
witnesses. Due to heavy docket of the cases, the possibility of
conclusion of trial of the petitioner in near future is very bleak.
There is no chance of the petitioner, of fleeing away from the
judicial process or tampering with the prosecution evidence. As
on date there is no material on record to presume that there is
danger, of course, of justice being thwarted by grant of bail to
the petitioner.
6. In view of the above, without entering into merit of
the case, keeping in view the nature of the offence, evidence,
severity of punishment, complicity of the petitioner, submissions
of the learned counsel for the parties made at the bar and reasons
as noted above, this Court is of the opinion that the petitioner is
liable to be released on bail.
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7. Accordingly, the bail application of the petitioner stands
allowed.
8. Let the petitioner namely, Dharmendra Kumar, be re-
leased on bail in the aforesaid case on furnishing bail bond of
Rs. 25,000/- (Rupees Twenty Five Thousand only) with two
sureties each in the like amount to the satisfaction of the Court
concerned with the following conditions:-
(i) That the petitioner shall cooperate with the expeditious dis-
posal of the trial and shall regularly attend the Court unless in-
evitable. Two consecutive default in putting appearance shall
lead to an action towards cancellation of the bail bond of the pe-
titioner.
(ii) That the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any police officer or tamper with the evidence.
(iii) That the petitioner shall not directly or indirectly involve in
any criminal activity after being released on bail.
(iv) In case, at any stage it is found that the petitioner has dis-
closed his incomplete criminal history before this Court, learned
Court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has con-
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cealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the Court below that
statement regarding previous bail petition is wrong, learned
Court below shall cancel the bail bonds of the petitioner.
9. It is clarified that anything said in this order is limited to
the purpose of determination of this bail application and will in
no way be construed as an expression on the merits of the case.
The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected
by anything said in this order.
10. The trial Court shall make an endeavour to conclude the
trial of the petitioner expeditiously without granting unnecessary
adjournment to either of the parties.
(Sanjay Kumar Singh , J)
P.S./-
U T
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