Dharmendra Kumar @ Dharo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71416 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Dharmendra Kumar @ Dharo Sah S/o Shankar Sah R/o Village - Sahebpur, P.S - Sahebpurkamal, District - Begusarai 2.

Pawan Tanti @ Pawan Kumar S/o Pramod Tanti @ Pramod Tanti R/o Village - Sahebpur, P.S - Sahebpurkamal, District - Begusarai 3.

Golu Kumar @ Vikash Kumar S/o Mukesh Sah R/o Village - Sahebpur, P.S - Sahebpurkamal, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prerna Anand For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sahebpur Kamal P.S. Case No. 136 of 2025 dated 14.05.2025 registered for the offences punishable u/ss 126(2), 115(2), 352, 351(1), 351(2), 109(1) read with section 3(5) of the BNS and section 27 of the Arms Act.

3. As per the prosecution case, while the son of the informant Md. Instiyaq was coming back to home with his cousin Mantazeer @ Ladla and when he reached near orchard of

Patna High Court CR. MISC. No.71416 of 2025(2) dt.28-11-2025 2/3 Late Hazi Faruq then Mukesh Yadav, Ravish Yadav along with 4-5 unknown persons surrounded them and started abusing them. When they objected then the accused Mukesh Yadav and Ravish Yadav fired on Md. Istiyaq which hit his right and left chest and right thigh. Thereafter, Md. Hifzu Rahman and Md. Yezaz @ Vikki with other co-villagers rushed to the spot and saw that Mukesh Yadav and Ravish Yadav along with other unknown were running away and were firing. Md. Hifzu Rahman identified one of them as Rajesh Yadav.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners are not named in the FIR. The name of the petitioners have sprung up in the confessional statement of the co-accused person, Rajesh Yadav. The other co-accused person has been granted bail by the coordinate bench of this court vide order dated 15.11.2025 passed in Cr. Misc. no. 60069/2025. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Patna High Court CR. MISC. No.71416 of 2025(2) dt.28-11-2025 3/3

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Sahebpur Kamal P.S. Case No. 136 of 2025, with the condition:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T