Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26325 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Dharmendra Kumar S/O Sunil Yadav @ Sunil Kumar Rai Resident of villageTadwan, P.S.- Naubatpur, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramadit, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-10-2025 Heard the parties.

2. The address of petitioner to be corrected in view of supplementary affidavit dated 11.09.2025 during the course of the day itself.

3. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 39 of 2025 registered for the offence under Sections 310(2) of the BNS.

4. The petitioner is not named in the F.I.R. and is in custody since 24.01.2025.

5. The allegation against the petitioner is to commit dacoity alongwith other co-accused person and while committing so looted tracker, trailor and pump etc. which was found in possession of this petitioner.

Patna High Court CR. MISC. No.26325 of 2025(6) dt.10-10-2025 2/3

6. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner transpired during the course of investigation on the basis of report of police spy whereafter his self confession was recorded. It is submitted that in furtherance of his self confession no incriminating material recovered during investigation as to connect petitioner prima-facie with present crime in question. Petitioner was not put on TIP as yet. It is submitted that the alleged tractor was recovered from the possession of coaccused namely, Bipin Kumar, who has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 31280 of 2025 dated 02.06.2025. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP opposes the prayer of bail.

8. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of

Patna High Court CR. MISC. No.26325 of 2025(6) dt.10-10-2025 3/3 report of police spy and self confession prima-facie nothing incriminating material recovered as to connect petitioner with present crime in question, coupled with fact that investigation of this case already completed where petitioner being a man of clean antecedent remains in custody since 24.01.2025, accordingly petitioner above named, is directed to be released on bail in connection with Naubatpur P.S. Case No. 39 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM VI, Danapur /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T