Dharmendra Kapar @ Dharmendra Kapaar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3081 of 2026 Arising Out of PS. Case No.-199 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Dharmendra Kapar @ Dharmendra Kapaar Son of Late Ramchandra Kapar Resident of Village - Athri, P.S.- Runnisaidpur, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Adv.
:
Mr. Mukund Kumar, Adv.
:
Mr. Praveen Kumar, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, App.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2026
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This is the second application, for grant of regular bail, arising out of Runnisaidpur Police Station Case No. 199 of 2024, disclosing offences under Section 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the FIR, on 11.06.2024, in the evening, while the informant and his wife were having dinner, the petitioner, along with other accused persons, arrived there armed with pistol, and the co-accused Shiv Kumar told them to marry their daughter with his nephew. Before the informant could understand, the petitioner and others dragged the informant's wife out of the house and on order of co-accused Vikesh Kumar,
Patna High Court CR. MISC. No.3081 of 2026(2) dt.30-01-2026 2/3 the co-accused Shiv Kumar fired upon the informant's wife, due to which she died on the spot.
4. Learned counsel for the petitioner submits that the petitioner is in custody since 07.10.2024, and while rejecting his bail application on 05.03.2025, this Hon'ble Court gave liberty to the petitioner to renew his prayer for bail after nine months if the trial does not show any progress. The specific allegation of firing is upon co-accused Shiv Kumar and no overt act has been alleged against the petitioner and the petitioner was said to be a member of unlawful assembly. Co-accused Vikesh Kumar, who was an order giver, has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 72114 of 2025 vide order dated 14.10.2025. Referring to the impugned order dated 17.12.2025, learned counsel submits that charges in this case has been framed on 11.6.2025 and now the case is fixed for prosecution evidence and none of the prosecution witnesses have been examined.
5. Regards being had to the submissions made by the parties and taking into consideration the fact that petitioner is in custody since 07.10.2024 and this is second attempt for bail by the petitioner, the petitioner is not the main assailant and coaccused/order giver, has been granted bail by a Co-ordinate
Patna High Court CR. MISC. No.3081 of 2026(2) dt.30-01-2026 3/3 Bench of this Court, accordingly, I am inclined to grant regular bail to the petitioner.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, 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 Principal District and Sessions Judge, Sitamarhi, in connection to the Runnisaidpur Police Station Case No. 199 of 2024.
8. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J) HarshPandey/- U T