Patna High CourtCR. MISC./37903/2025dismissed

Dharmendra Kumar v. The State Of Bihar

2025-07-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37903 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- CHAPRA TOWN District- Saran ====================================================== Dharmendra Kumar S/o Awadh Mahto R/o Village- Sahebganj Butanbari, P.S.- Chapra Town, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar Mr. Ravi Ranjan Mallick Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-07-2025 Heard the parties.

2. This is the second attempt of the petitioner for grant of regular bail in connection with Chhapra Town P.S. Case No. 04 of 2025 registered for the offence under Sections 103(1) and 61(2) of the BNS, 2023 and under Section 27 of the Arms Act. Earlier, the regular bail application of the petitioner was permitted to be withdrawn as the investigation was pending and thereafter the petitioner has renewed his prayer for bail in the Court below.

3. As per the FIR, the petitioner and others are accused of killing the deceased and they are named in the FIR.

4. The petitioner is in jail since 5.1.2025.

5. Learned counsel for the petitioner submits that the petitioner and other accused persons have not killed the deceased but in fact, when the deceased was shot and killed, they came out of the Khatal hearing the sound of gun fire and took the deceased to the hospital. He further submits that the co-

Patna High Court CR. MISC. No.37903 of 2025(2) dt.25-07-2025 2/2 accused has informed the informant about the said incident. He further submits that the co-accused Ajit Kumar has been granted bail by this Court.

6. Learned counsel for the State has opposed the application of the petitioner.

7. I have gone through the records of the case including the case diary. The independent witnesses have seen the petitioner and other accused persons arguing with the deceased and have said that one of them has fired which hit the deceased and he died.

8. In his self-inculpatory statement, the petitioner has admitted his guilt and has said that he has shot and killed the deceased and the murder weapon was brought by one Ajit Kumar.

9. Considering the fact that the petitioner is the assailant of the deceased and the independent witnesses have seen the accused persons committing the crime, this application is dismissed.

(Sandeep Kumar, J) Vikas/- U