Dharmraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53531 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- HALSI District- Lakhisarai ====================================================== Dharmraj Kumar, S/o Rajendra Ram, R/o Village- Bela, P.S.- Halsi, DistrictLakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kmar Singh, Advocate Ms. Priya, Advocate For the Informant :
Mr. Anunay Shahi, Advocate For the State :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection with Halsi P.S. Case No. 18 of 2025 registered for the offence punishable under Sections 137(2), 103(1), 238 and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the son of the informant, namely, Sandeep Kumar (the deceased) was missing from 25.01.2025 and his mobile was also switched off. During course of investigation, Nisha Kumari and this petitioner have given their confessional statement. From the confessional statement of Nisha Kumari it transpires that she had relationship with the deceased and her father has killed the deceased as she was
Patna High Court CR. MISC. No.53531 of 2025(4) dt.05-02-2026 2/3 seen with the deceased in a compromising position. In the confessional statement of this petitioner, it has come that he along with other persons has killed the deceased.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in the present case. He is having no criminal antecedent and he is languishing in judicial custody since 29.01.2025. It has further been submitted that similarly situated co-accused Lalu Kumar has been granted bail by this Court vide order dated 06.08.2025 passed in Cr. Misc. No. 41486 of 2025. The case of this petitioner stands on similar footing.
5. Countering this, the learned counsel for the informant has submitted that in this case, the petitioner has also given his confessional statement and on his disclosure, the body of the deceased was recovered. It has further been submitted that in the confessional statement, it has come that the petitioner has lastly pressed the neck of the deceased for getting confirmed that the deceased is dead. The learned counsel for the informant has further submitted that the cause of death as opined by the doctor who has conducted autopsy of the deceased is clear that the death was due to combined effect of asphyxia and shock due to pressure and compression of neck by some soft and blunt objects. Learned counsel for the informant has also submitted that the manner of the
Patna High Court CR. MISC. No.53531 of 2025(4) dt.05-02-2026 3/3 occurrence which has been stated by this petitioner in his confessional statement is fully supported by the postmortem report and that the case of this petitioner does not stand on similar footing with that of Lalu Kumar.
6. A report has been called for from the learned trial Court regarding the stage of the trial and from the report it transpires that the case has only been committed to the Court of Session. Charge has still not been framed.
7. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail at this stage and, as such, his prayer for bail stands rejected.
8. However, petitioner may renew his prayer for bail after six months if the trial is not concluded. (Ashok Kumar Pandey, J) lata/- U T