Patna High Court
Dheeraj Kumar @ Dhiraj Jaiswal @ Dheeraj Kumar JaisawalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail subject to bond and conditions.
Summary
The petitioner, Dheeraj Kumar, was charged under IPC sections 399, 402 and 414 and Arms Act sections 25(1‑B)(a), 26 and 35 for alleged involvement in a robbery‑arms case. The prosecution’s case relied solely on the statement of a co‑accused; no incriminating article was recovered from the petitioner’s possession and he was not arrested at the scene. The petitioner had been in custody since 22‑June‑2023, amounting to over two years of pre‑trial detention, and sought regular bail. The State opposed the bail, but the court noted the absence of material evidence against him and the prolonged detention. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of personal appearance and cooperation, and warned that bail could be cancelled for non‑cooperation.
Issues considered
- Whether regular bail should be granted to the petitioner despite serious charges under the IPC and Arms Act.
- Whether the lack of incriminating material recovered from the petitioner and the prolonged pre‑trial detention justify bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Indian Penal Code — s. 399, 402, 414
Subjects
- regular bail
- pre‑trial detention
- IPC
- Arms Act
- co‑accused statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9965 of 2026
Arising Out of PS. Case No.-105 Year-2023 Thana- BARGAINIA District- Sitamarhi
======================================================
Dheeraj Kumar @ Dhiraj Jaiswal @ Dheeraj Kumar Jaiswal Son of Dinesh
Prasad Resident of Village - Musachak, P.S. - Bairgania, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sessions Trial no.59 of
2025, arising out of Bargainia P.S. Case no.105 of 2023
registered under sections 399, 402 and 414 of the Indian Penal
Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, it is stated that seeing
the police personnel, while three accused persons managed to
escape, two were caught. On search, various incriminating
articles including a motorcycle for which no documents were
produced as also two live cartridges were recovered from their
possession. It is further stated that the apprehended accused
disclosed the name of the accused who had managed to escape
and which included the petitioner herein.
Patna High Court CR. MISC. No.9965 of 2026(2) dt.25-02-2026
2/3
4. Learned counsel for the petitioner submits that
from the contents of the FIR itself, it would transpire that
neither the petitioner was arrested at the spot nor any
incriminating article recovered from his possession. The only
material against him is the statement of a co-accused made
before police. The petitioner has been falsely implicated in the
case because of his antecedents. He is in custody since
22.6.2023 and undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, no
incriminating article having been recovered from the petitioner’s
possession and specially the petitioner having remained in
custody for over 2 years 7 months since 22.6.2023, the Court
directs the petitioner to be enlarged on bail in connection with
Sessions Trial no.59 of 2025, arising out of Bargainia P.S. Case
no.105 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge II, Sitamarhi on the following condition:
(i) The petitioner shall remain physically
Patna High Court CR. MISC. No.9965 of 2026(2) dt.25-02-2026
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present/properly represented in Court on each date of the trial
and shall cooperate in the case.
(ii) In case the learned trial Court is of the opinion
that the trial is being delayed due to non-cooperation on part of
the petitioner, the learned trial Court may cancel the bail bond of
the petitioner and take him into custody till conclusion of the
trial.
(Partha Sarthy, J)
Saurabh/-
U T
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