Dharmendra Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14942 of 2025 Arising Out of PS. Case No.-199 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Dharmendra Kapar Son of Late Ramchandra Kapar Resident of VillageAthari, P.S.- Runnisaidpur, Distt.- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Divya Bharti For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner have renewed their prayer for bail in connection with Runnisaidpur Police Station Case no. 199 of 2024, dated 12.06.2024, registered under Sections 302/34 of the Indian Penal Code.

3. As per the FIR, on 12.06.2024, 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 to his nephew. Before the informant could understand, the petitioner and others dragged the informant's wife out of the house and on order of the coaccused Vikash Kumar, the co-accused Shiv Kumar fired upon the informant's wife due to which she died on the

Patna High Court CR. MISC. No.14942 of 2025(2) dt.05-03-2025 2/2 spot.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to village politics. He next submits that specific allegation of firing is upon co-accused Kumar Shiv and no overt act has been alleged against the petitioner, rather there is general and omnibus allegation against the petitioner and he was simply the member of unlawful assembly. The petitioner is in custody since 07.10.2024.

5. Regards being had to the submissions made by the parties and taking into consideration gravity of offence and severity of punishment and the fact that petitioner is named in the FIR holding gun, I am not inclined to grant regular bail to the petitioner.

6. This application is, accordingly, dismissed.

7. However, the petitioner may renew his prayer for bail after nine months, if the trial does not show any progress. (Anil Kumar Sinha, J) ashwani/- U T