Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6255 of 2025 Arising Out of PS. Case No.-501 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Dhiraj Kumar Son of Pradeep Sah Resident of Village - Loknathpurganj @ Gunj Road, Ward No.- 15, P.S.- Dalsinghsarai, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the State :
Mr. Bharat Lal, APP For the Informant :
Mr. Surya Narayan Roy, Advocate Mr. Ashok Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.
2. In this present case, the petitioner seeks bail in connection with Dalsinghsarai P.S. Case No. 501 of 2023 registered for the offences under Sections 394 and 302/34 of the Indian Penal Code.
3. As per prosecution case, the wife of the informant was found dead in her house and some household articles were also scattered. It is further alleged that golden chain, a mobile phone and some money were also missing from the house of the informant. The name of the petitioner transpired during investigation for being involved in the murder of wife of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.6255 of 2025(3) dt.13-05-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR and nothing incriminating has been recovered from his conscious possession. The name of the petitioner transpired on the basis of confessional statement of co-accused Parwej Alam. Exept for confessional statement of co-accused, there is nothing against the petitioner to connect him with the offence as alleged. Petitioner has no concern with other co-accused persons. Petitioner is in custody since 13.04.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent. Similarly situated co-accused, namely Rajesh Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 09.05.2025 passed in Cr. Misc. No. 21139 of 2025.
5. Learned A.P.P. as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that petitioner along with other co-accused persons killed the wife of the informant.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the distinct lack of substantive material against the petitioner to connect him with the offence as alleged and also considering the
Patna High Court CR. MISC. No.6255 of 2025(3) dt.13-05-2025 3/3 clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Dalsinghsarai/concerned court in connection with Dalsinghsarai P.S. Case No. 501 of 2023, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T