Dharmendra Rai @ Dharambir Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34525 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Dharmendra Rai @ Dharambir Rai S/o Late Kapil Ray Resident of Rampur, Shayam Chandra, P.S. Raghopur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with Didarganj P.S. Case No. 14 of 2025, lodged on 10.01.2025, under Section 309(6) of the Bhartiya Nyay Sanhita, 2023. Later on offence under Section 310(2) of the Bhartiya Nyay Sanhita, 2023 was added.

3. As per the prosecution, FIR has been lodged against unknown persons alleging that they had committed dacoity and forcefully snatched the key of the motorcycle and also took Rs.90,000/- from the dickey of the motorcycle.

Patna High Court CR. MISC. No.34525 of 2025(2) dt.04-06-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner is not named in the FIR. Counsel submits that the name of the petitioner has come by virtue of confessional statement during investigation. He submits that nothing has been recovered from the possession of the petitioner nor he was put on Test Identification Parade. He fairly submits that there are two criminal cases pending against the petitioner. He is in custody since 07.02.2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it has been acknowledged in the order sheet that petitioner is member of a gang who committed the offence

6. In the present facts and circumstances of this case, let the petitioner, above named, be released on bail only after framing of the charge, if not framed, as well as on being satisfied that petitioner is not absconding in the following cases, i.e., (i) Raghopur P.S. Case No.245 of 2022 and (ii) Raghopur P.S. Case No.160 of 2022, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Mr. Nishit Deo, Judicial Magistrate, 1st Class, Patna City, Patna, in

Patna High Court CR. MISC. No.34525 of 2025(2) dt.04-06-2025 3/3 connection with Didarganj P.S. Case No. 14 of 2025, subject to the conditions as laid down U/s 480(3) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T