Dharmdeo Kumar @ Dharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33288 of 2025 Arising Out of PS. Case No.-427 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Dharmdeo Kumar @ Dharma Pramod Yadav @ Rahman R/o VillMaheshpur, Ward No. 9, P.S.- Saur Bajar, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Saur Bazar P.S. Case No. 427 of 2024 instituted for the offences under Sections 103(1)/238 & 61 of the Bharitya Nyaya Sanhita, 2023.

3.

As per prosecution case, the accusation against the petitioner is of being involved in the murder of the deceased. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. as the same has been instituted against the unknown. The name of the petitioner has

Patna High Court CR. MISC. No.33288 of 2025(2) dt.16-05-2025 2/3 surfaced in this case in course of investigation in the confessional statement of the co-accused Vivek Kumar, who is the brother of the deceased. He further submits that as a matter of fact, the deceased has died by consuming poison which was not given by any of the family member. There is no eye-witness to the alleged occurrence. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The Investigating Officer, after completion of investigation, has submitted charge-sheet in this case and the cognizance has also been taken by the learned court below on 30.10.2024 under Sections 108, 123, 61(2), 238 of the B.N.S., 2023. The petitioner has no criminal antecedent and is languishing in judicial custody since 03.08.2024 without any rhymes or reason. Other co-accused has been enlarged on bail by this Court vide order dated 08-04-2025, passed in Cr. Misc. No. 1296 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. 6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.33288 of 2025(2) dt.16-05-2025 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saur Bazar P.S. Case No. 427 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T