Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54108 of 2025 Arising Out of PS. Case No.-142 Year-2023 Thana- Kinjar District- Arwal ====================================================== DHARMENDRA KUMAR S/o- Rameshwar Kumar @ Rajeshwar Yadav Village- Mauri Bigha Ps- Khirimore Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Ritambhara Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103/3(5) of the B.N.S.

3. The allegation in the first information report that the daughter of the informant was killed by her husband, Kunnu Yadav along with some unknown accomplices.

4. The learned counsel for the petitioner submits that it would be apparent from the first information report itself that the husband of the daughter of the informant, Kunnu Yadav is the named accused of the first information report and the name of the petitioner has surfaced subsequently during the course of investigation on the basis of confessional statement of the said Kunnu Yadav. Even as per the confessional statement, the allegation against the petitioner is that of aiding the husband in his act. It is further submitted that Kunnu Yadav faced Sessions Trial No.227/2024 and was acquitted by a judgment dated

Patna High Court CR. MISC. No.54108 of 2025(4) dt.12-12-2025 2/2 05.03.2025 (Annexure-P/2). The petitioner is in custody since 03.02.2025 and the charges have already been framed against the petitioner.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the first information report.

6. Taking into consideration the facts and circumstances and considering the fact that there is no direct allegation against the petitioner and the main accused, namely Kunnu Yadav has already been acquitted, coupled with the fact that the petitioner is in custody since 03.02.2025 and charges have already been framed, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Arwal (Jehanabad)/concerned Court below in connection with Kinjar P.S. Case No. 142 of 2023 subject to condition that:- (i) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J) anand/- U T