Dhiraj Kumar @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10084 of 2026 Arising Out of PS. Case No.-376 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== Dhiraj Kumar @ Dheeraj Kumar S/O Chintu @ Sintu Prasad @ Chintu Yadav R/O village/Mohalla- Kharkhura Tarwana Devisthan, PS- Delha, DistrictGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Belaganj P.S. Case No. 376 of 2025 instituted for the offences under Sections 317(2) of the Bharatiya Nyaya Sanhita, 2023 and 25(1-b)a, 26, 35 of the Arms Act.

3. Prosecution case, in short, is that on 22.06.2025 during night patrolling near Paranpur Dharm Kata on NH-22, police found two injured persons and allegedly recovered one pistol alongwith two cartridges from the petitioner and one knife with a mobile phone from co-accused Chandan Kumar. It is further alleged that the mobile was identified by Md. Arman,

Patna High Court CR. MISC. No.10084 of 2026(2) dt.09-03-2026 2/3 who stated that both accused had snatched his mobile and Apache motorcycle at pistol and knife point.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Learned counsel further submitted that no theft article has been recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.07.2025 and has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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 sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.10084 of 2026(2) dt.09-03-2026 3/3 below/concerned Court in connection with Belaganj P.S. Case No. 376 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T