Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40644 of 2025 Arising Out of PS. Case No.-526 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Dhiraj Kumar S/o Harilal sahni Resident of Village- Kanti Kothiya,P.S- Kanti, District Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard Mr. Raju Kumar, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Kanti P.S. Case No. 526 of 2024 instituted for the offences under Sections 303(2), 132, 62, 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that, the informant, a constable of CISF, on the basis of suspicious activity near electric pole, approached the location. Seeing the informant, the accused persons started firing at him and, in self defence, the
Patna High Court CR. MISC. No.40644 of 2025(4) dt.10-09-2025 2/3 informant also fired upon them and thereafter the accused persons fled away. It is further alleged that scrap copper and aluminium wire weighing about 8.720 Kg, Aluminium electric box weighing about 22.33 Kg as well as empty cartridges and one misfired live cartridges was also recovered from the spot.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation merely on the basis of suspicion. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that no one got injured in the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.09.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.40644 of 2025(4) dt.10-09-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanti P.S. Case No. 526 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T